Nafeez Sheikh @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31262 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== NAFEEZ SHEIKH @ GOLU, aged about years 38(M), S/o Salaudin @ Salaudin Ahammad R/o village- Khudai Bari, P.S.- Hussainganj, DistrictSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2019 Heard both sides.
The petitioner apprehends his arrest in Hussainganj P.S. Case No.72 of 2019 registered under Sections 30(a), 36 and 41(1) of Bihar Prohibition and Excise Act.
The informant, A.S.I. of Hussainganj P.S. disclosed in his written statement that he got information that in the house of Shahana Khatoon situated in village, Khudai Bari liquor was kept. When the informant went there, the house was locked. The villagers disclosed that the petitioner had kept liquor after breaking the window of the back side of the house and on such, huge quantity of liquor was recovered.
The learned counsel for the petitioner submits that petitioner has no manner of concern with the recovery made
Patna High Court CR. MISC. No.31262 of 2019(2) dt.10-05-2019 2/2 from the house of Shahana Khatoon. The informant did not name the person who disclosed the name of the petitioner as the person who had kept the liquor in the house of Shahana Khatoon save and except the personal knowledge of the informant. There is no material on record to show the involvement of the petitioner in keeping liquor in the house of Shahana Khatoon.
Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 the learned Addl. Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Hussainganj P.S. Case No.72 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T