Zishan Ahmad @ Rajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51526 of 2016 Arising Out of PS.Case No. -641 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Zishan Ahmad @ Rajan, son of Sofi Ahmed, Resident of VillageAzadnagar, Ward No. 23, P.S. + District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 24.09.2016 in connection with Araria P.S. Case No. 641/16 for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and under Sections 47, 51, 54, 57 of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police, is that in course of checking the vehicles they intercepted a truck, a Bolero and Zest car and seized 20 bottles of foreign liquor from the dickey of Zest car, in which fiver persons were boarded. It has been submitted by the learned counsel for the petitioner that he is the owner of the Zest car, nothing has been

Patna High Court Cr.Misc. No.51526 of 2016 (2) dt.01-12-2016 2/2 recovered from his possession and that he has no criminal history. He submits that the petitioner had employed a driver, namely, Eklakh Ahmed, he did not know whether it was used for some illegal purposes and the petitioner has been implicated only because he is the owner of the said car.

However, learned APP for the State submits that although the petitioner is not named in the First Information Report, but during course of investigation his name surfaced, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and that nothing has been recovered from the conscious possession of the petitioner, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 641/16.

(Nilu Agrawal, J.) Rajesh/- U T