Wazeer @ Md. Wajeer Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30939 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== WAZEER @ MD. WAJEER ANSARI Son of Md. Abdul Rahim Resident of Village - Siwaipatti, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Minapur P.S. Case No. 37 of 2019, instituted for the offence under Section(s) 272, 273 of the Indian Penal Code, Sections 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 400 litres spirit has been recovered from Tervo 407 and Maruti Omni vehicles. Petitioner is in custody since 27.1.2019.

Counsel for the petitioner submits that there is no recovery of any illicit liquor from conscious possession of the petitioner. The recovery is alleged to have been made from Tervo 407 and Omni Maruti. He further submits that petitioner is neither owner nor driver of the aforesaid vehicle. He was

Patna High Court CR. MISC. No.30939 of 2019(2) dt.29-05-2019 2/2 arrested merely on suspicion.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 learned Special Judge, Excise Act, Muzaffarpur, in connection with Minapur P.S. Case No. 37 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T