Patna High CourtCR. MISC./21954/2016bail granted

Md. Aftab @ Md. Abtab v. The State Of Bihar

2016-07-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21954 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Md. Aftab @ Md. Aftab, son of Md. Naso, Resident of Mohalla- Thani, Subaji Bazar, P.S.- Bihar Sharif, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anwar Karim, Advocate For the Opposite Party/s : Mr. Arun Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bihar P.S. Case No. 132 of 2016 registered for the offence punishable under Section 47(A) of the Excise Act.

Allegedly, from the room of the petitioner which he has taken on rent, 45 litres of Toddy was recovered. Submission is of false implication and that the petitioner has been made victim of police atrocities, Toddy is not ban article, no offence as alleged is made out, the petitioner has not violated any provision of law and he is suffering in custody since 06.04.2016.

Patna High Court Cr.Misc. No.21954 of 2016 (3) dt.15-07-2016 2/2 Learned A.P.P. fairly submits that now, lenient view can be taken.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bihar Sharif in connection with Bihar P.S. Case No. 132 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T