Azhar @ Md. Azhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27021 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Azhar @ Md. Azhar, Son of Sahid, Resident of Village - Dhapi, P.S.- Jokihat, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 This is an application for grant of anticipatory bail in connection with Special Case No. 241 of 2019, arising out of Jokihat P.S Case No. 75 of 2019, disclosing offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution story is that police arrested three accused persons with motorcycle bearing RC No.BR-38Q-4550 and on search, three Tetra Patch Officer Choice of liquor was recovered and they disclosed that same was brought from the shop of the petitioner.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his house or from his possession and he has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer

Patna High Court CR. MISC. No.27021 of 2019(3) dt.09-07-2019 2/2 for anticipatory bail. However, he has also admitted that there is no recovery either from his possession or from his house. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 2nd Additional Sessions Judge-Cum- Special Judge, Araria, in connection with Special Case No. 241 of 2019, arising out of Jokihat P.S Case No. 75 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T