Nazamuddin Ansari @ Nizamudin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25559 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -NAUTAN District- SIWAN ====================================================== NIZAMUDDIN ANSARI @ NIZAMUDIN ANSARI Son of Rozid Ansari resident of village - Bankul Nauka Tola, P.S. Bankata, District - Deoria (U.P.).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2017 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Sri Umesh Lal Verma, learned APP for the State.

The petitioner seeks regular bail in connection with Nautan P.S. Case No. 62 of 2017 instituted under sections 272, 273, 308 and 34 of the Indian Penal Code and Sections 30 and 38 of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is that he was apprehended with the co-accused while he was coming on motorcycle and when the police party intercepted the petitioner and the co-accused were apprehended and one white plastic bag was found in the possession of petitioner containing 90 pieces of

Patna High Court Cr.Misc. No.25559 of 2017 (2) dt.12-06-2017 2/2 200 ml country made liquor were recovered.

Learned counsel for the petitioner submits that from the First Information Report it would appear that the allegation is that of having recovered country made liquor from the joint possession, however, the co-accused Munna Kumar Yadav has been granted regular bail in the case of Criminal Miscellaneous No. 24871 of 2017.

Learned APP opposed the prayer for bail, however, could not controvert the case stated in the Fardbeyan when the seizure has been made by the joint possession and that the one of the co-accused has been granted privilege of regular bail. Considering the facts and circumstances of the case stated hereinabove let the petitioner, namely Nizamuddin Ansari @ Nizamudin Ansari on completion of three months in custody, be released from the bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XII, Siwan in connection with Nautan P.S. Case No. 62 of 2017. (Rajeev Ranjan Prasad, J.) veena/- U T