Patna High CourtCR. MISC./39882/2019bail granted

Mohram @ Md. Mahram v. The State Of Bihar

2019-06-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39882 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- SIKTYDistrict- Araria ====================================================== MOHRAM @ MD. MAHRAM S/o Jamil Akhtar Resident of Bardaha Bazar, Gandhi Chowk, Ward No. 13, P.S.- Bardaha (Sikty), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2019 Heard both sides.

The petitioner apprehends his arrest in Sikty P.S. case No. 169 of 2018, corresponding to Special Case No. 1192 of 2018, registered under Section 30(a) of Bihar Prohibition & Excise Act.

The constable of SSB apprehended one Ajhar who was carrying Nepali liquor. Ajhar disclosed that Mohram, the petitioner, has handed over the bag to him for crossing the border.

The learned counsel for the petitioner submits that the I.O. did not collect any evidence to show that petitioner handed over the liquor to Md. Ajhar. It was Md. Ajhar who was carrying liqour from Nepal side and while he was trying to cross the border he was intercepted by the police and recovery was made.

Patna High Court CR. MISC. No.39882 of 2019(2) dt.28-06-2019 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Araria in connection with Sikty P.S. case No. 169 of 2018, corresponding to Special Case No. 1192 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T