Nasimullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23432 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== NASIMULLAH Son of Najrul @ Najrull, Resident of Village- Pathraha, P.S.- Narpatganj (Ghurna), Dist- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Narpatganj (Ghurna) P.S. Case No. 99 of 2019 instituted for the offence under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

It is alleged in written report that informant got secret information that this petitioner along with his associates is going to sell illicit liquor towards river. It is further alleged that police personnel reached there and found 7-8 persons riding on bicycles carrying bags loaded with illicit liquor. On seeing the police party, miscreants fled away after leaving the bicycles. Thereafter, the police recovered 33 bags from eight bicycles. Five bags were loaded on one bicycle and four bags each were

Patna High Court CR. MISC. No.23432 of 2019(2) dt.11-04-2019 2/2 loaded on the rest seven bicycles. It is alleged that total 891 litres of Nepali Saufi liquor have been recovered. Learned counsel for petitioner has submitted that there is no recovery of any illicit liquor from conscious possession of this petitioner. The name of this petitioner has transpired in this case merely on suspicion on the basis of disclosure made by local chowkidar.

Petitioner is in custody since 07.03.2019.

Considering the aforesaid, let the petitioner, above named, 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 the learned 2nd Additional Sessions Judge cum Special judge, Araria in connection with Narpatganj (Ghurna O.P.) P.S. Case No. 99 of 2019 corresponding to Special Case No. 251 of 2019, subject to the condition that both the bailors shall be the close relative of the petitioner.. (Sanjay Priya, J) shyambihari/mu keshU T