Towab Miya @ Toab Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42347 of 2017 Arising Out of PS. Case No.-141 Year-2017 Thana- PANCHRUKHI District- Siwan ====================================================== Towab Miya @ Toab Mian Son of Late Bahajan Miyan, resident of VillageMohammadpur, P.S.- Pachrukhi, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Arbind Kumar , learned counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor.

The sole petitioner apprehending his arrest in Pachrukhi P.S. Case No. 141 of 2017 registered for the offence under section 272 , 273, 308, 420, 34 of the Indian Penal Code , 1860 and Section 30 / 38 of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that save and except the fact that petitioner is father of the accused who was running a general store from where 24 cane of beer containing 500 ML each was recovered he has been made accused. Learned counsel for the petitioner has drawn my

Patna High Court Cr.Misc. No.42347 of 2017(2) dt.21-09-2017 2/2 attention to the statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Considering the nature of accusation and clean antecedent of petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Towab Miya @ Toab Mian be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II -cum -Special Judge, Siwan, District - Siwan / concerned court in connection with Pachrukhi P.S. Case No. 141 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 . (Rakesh Kumar, J) praful/- U T