Md. Gayasuddin @ Tanweer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28349 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA ====================================================== Md. Gayasuddin @ Tanweer S/o Late Moinuddin, resident of village - Kaziyana, P.S. Bahera, District - Darbhanga .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2016 Heard Sri Dharmendra Jha, learned counsel for the petitioner and Sri Bharat Bhushan, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in G.O.Case no.14 of 2016 registered for the offence under Section 47 (a) of the Excise Act, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that petitioner's name has been dragged in the present case on the basis of statement of one co-accused Hamid Raza Hashmi. He submits that the petitioner is having clean antecedent. He further submits that nothing has been recovered from the possession of the petitioner, rather country-made liquor has been recovered from the vehicle of co-accused Hamid Raza Hashmi and
Patna High Court Cr.Misc. No.28349 of 2016 (2) dt.26-07-2016 2/2 on the basis of confession of co-accused Hamid Raza Hashmi, the petitioner has been made accused.
Keeping in view the fact that the petitioner's name has come on the basis of confession of co-accused, there is no reason to deny the prayer for extending the privilege of anticipatory bail. Let the petitioner, namely, Md. Gayasuddin @ Tanweer, in the event of his arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with G.O. Case no.14 of 2016, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) NKS/- U