Hiralal Harizan @ Hiralal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34664 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- ITARHI District- Buxar ====================================================== Hiralal Harizan @ Hiralal Ram Son of Late Jagmohan Harizan Resident of Village-Barahana, Police Station-Itarhi, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 10-04-2019 in a case registered for the offences punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that two persons were seen carrying liquor on the motorcycle of the petitioner. On chase, they escaped from the scene, but recovery of 48.6 litres of Indian Made Foreign Liquor was made. Petitioner is the owner of the motorcycle in question.

It is submitted by learned counsel for the petitioner that the petitioner was not found carrying liquor on his motorcycle, rather it was used by someone else.

Learned APP submits that recovery has been made from

Patna High Court CR. MISC. No.34664 of 2019(2) dt.28-05-2019 2/2 the motorcycle of the petitioner.

Considering the nature of recovery, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, 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 the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Buxar in connection with Itarhi P.S. Case No. 38 of 2018. (Dinesh Kumar Singh, J) anil/- U T