Mehandi Khan @ Mehndi Hasan Khan @ Mehndi Hasan @ Salim Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27814 of 2020 Arising Out of PS. Case No.-162 Year-2018 Thana- BUXAR District- Buxar ====================================================== Mehandi Khan @ Mehndi Hasan Khan @ Mehndi Hasan @ Salim Shah, aged about 33 years, Male, Son of Chhedi Khan @ Chhedi Pahalwan @ Abdul Asin Shah, Resident of Khalasi Mohalla, P.S. - Buxar Town, District - Buxar, at present Village - Keoripurwa, P.S. - Buxar Town, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the State :

Mr.Dilip Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Buxar Nagar P.S. Case No.162 of 2018 registered for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner was earlier moved anticipatory bail before Hon'ble High Court by Cr. Misc. No.42917 of 2018 and in this case, the anticipatory bail was granted by Hon'ble Court but the petitioner could not furnish bail bond in the lower court within stipulated period of six weeks. Therefore, the petitioner has been arrested in the present case. He further submits that 8.250 liters

Patna High Court CR. MISC. No.27814 of 2020(3) dt.23-11-2020 2/2 of foreign liquor has been recovered from the motorcycle. There is no recovery from conscious possession of the petitioner and the said vehicle dos not belong to the petitioner. Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.1,000/- (Rupees One Thousand) in the CM Relief Fund, bearing Account No.2065104000002257, IFSC Code: IBKL0002065, Bank - IDBI, Branch - Kidwaipuri, Patna.

In the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IInd-cum-Special Judge, (Excise Act), Buxar in connection with Buxar Nagar P.S. Case No.162 of 2018.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,000/- (Rupees One Thousand) in the CM Relief Fund. (Anjani Kumar Sharan, J) Nasimul/- U T