Patna High CourtCR. MISC./68328/2018allowed

Asalam Ansari v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68328 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== Asalam Ansari Son of Yasim Ansari@ Yasin Ansari Resident of VillageMurha Dih, Ward No. 2, P.S. Kanhauli District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Kanhauli P.S. Case No. 21 of 2018 for offences under Sections 272 and 273 of the Indian Penal Code and Sectin 30(A) of the Bihar Prohibition and Excise Act, 2016. The allegation is seizure of liquor from a vehicle.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner has no concern with the liquor seized in the instant case. He is neither owner of the vehicle from which the liquor was seized nor the owner of the liquor. He has absolutely got no concern with the sale and purchase of liquor.

Patna High Court Cr.Misc. No.68328 of 2018(2) dt.14-12-2018 2/2 Considering the fact that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of arrest or surrender within four weeks from today, 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 Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 21 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T