Md. Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25491 of 2017 Arising Out of PS.Case No. -480 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Md. Zafar Son of Md. Salam, Resident of Village- Lahauna, P.S. Saur Bazar, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Adv. For the Opposite Party/s : Mr. Sri Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2017 Heard Mr. Naresh Chandra Verma, learned counsel for the petitioner and Mr. Nityanand, learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Saur Bazar P.S. Case No. 480 of 2016 registered for the offences under sections 353, 224, 504/34 of the Indian Penal Code and sections 30 (a) 37 (a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner would submit that there is a seizure of one pouch of country made liquor from the petitioner.

The petitioner was earlier arrested in Singeshwar P.S. Case No. 95 of 2017 for offence under section 37 (b) of Bihar

Patna High Court Cr.Misc. No.25491 of 2017 (2) dt.08-06-2017 2/2 Prohibition and Excise Act in which he has been granted bail by the court below.

Learned APP opposed the prayer for bail.

Considering the fact that the petitioner is said to be in possession of only one pouch of country made liquor and in the earlier case, he was arrested on 11.03.2017 and he is in custody for approximately three months, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Saharsa in connection with Saur Bazar P.S. Case No. 480 of 2016, subject to the condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent.

Accordingly, this application is disposed of. (Rajeev Ranjan Prasad, J) Mahesh/- U T