Md. Bashir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41973 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Bashir S/o Md. Mokim Resident of Village- Shankarpatti, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Braj Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 167 of 2021, registered for the offence punishable punishable under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a)/36 of the Bihar Prohibition and Excise Act, 2016. 234 litres of foreign liquor has been recovered from a Pick-up van and this petitioner was apprehended on the spot. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question and has got no concern with the seized liquor. Petitioner is in custody since 07.03.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.41973 of 2021(2) dt.26-10-2021 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 Special Judge Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 167 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T