Jainuddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52367 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jainuddin Ansari Son of Late Karmuddin Ansari, resident of villageDariyapur, P.S.- Sangrampur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kuar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 26.09.2016 in connection with Sangrampur P. S.Case No. 109 of 2016 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 47, 49, 50, 51 and 53 of the Bihar Excise (Amendment) Act, 2016.
The prosecution case as lodged by the police personnel is that on secret information, the hutment of the petitioner was raided and 15 pieces pouch containing 200 ml of country made liquor was recovered.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.52367 of 2016 (2) dt.16-12-2016 2/2 petitioner that he has no criminal history and there is no signature of the petitioner on the seizure list. It has also been submitted that the seizure list has been prepared in the police station and not at the place of occurrence as it bears the P. S. Case number, which falsifies the prosecution case.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.
Be that as it may, since the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- IV, Motihari in connection with Sandgrampur P.S.Case No. 109 of 2016. (Nilu Agrawal, J) Sudha/- U T