Md. Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53847 of 2016 Arising Out of PS.Case No. -286 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Md. Zakir, Son of Md. Islam, Resident of village Raja Parsauni, P.S. Parsauni, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 22.10.2016, in connection with Majorganj P.S. Case No. 286 of 2016, registered offences punishable under Sections 30(A) and 41(A) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 9 litres of Nepali liquor.

It has been submitted on behalf of the petitioner that petitioner is an Auto driver; nothing has been recovered from the conscious possession of the petitioner rather the same was seized from the auto, which he was driving. The petitioner has no criminal antecedent and he has been languishing in judicial custody since 22.10.2016.

Patna High Court Cr.Misc. No.53847 of 2016 (2) dt.15-12-2016 2/2 Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, nature of offence, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 286 of 2016. (Vinod Kumar Sinha, J) sunil/- U T