Md. Murtaza @Murataza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44858 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================
1. MD. MURTAZA @ MURATAZA Son of Md. Mustafa Resident of Village- Near Chhoti Masjid, Ward No.13, Jogbani P.S.- Jogbani, DistAraria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-272, 273 of the Indian Penal Code and 47 of the Bihar Excise Act.
The petitioner is languishing in jail custody since 1306-2016 on the accusation that 78 bottles Nepali liquor were recovered from conscious possession of the petitioner. Submission on behalf of petitioner is that the petitioner does not have any criminal antecedent and as a matter of fact, the petitioner has falsely been implicated in this case and moreover, the investigation against the petitioner has already been completed.
Patna High Court Cr.Misc. No.44858 of 2016 (2) dt.20-10-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, particularly, taking note of this fact that prior to institution of the present case, the petitioner had not been made accused in the case of Excise Act, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jogbani P.S. Case No. 78 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Araria. (Hemant Kumar Srivastava, J) A.K.V./- U T