Md. Ashique @ Ashak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39219 of 2019 Arising Out of PS. Case No.-626 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD. ASHIQUE @ ASHAK S/o Mojahir, Resident of Village- Murballa Chowk, P.S.- Araria, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Special Case No. 958 of 2018 arising out of Forbesganj (Simraha) P.S. Case No. 626 of 2018 registered for offence punishable under sections 30 (a) and 38 (i) of the Bihar Prohibition and Excise Act.

Allegation has been made that the petitioner and another person threw a bag containing 79 bottles each of 100 ml cough syrup in the shop of one Awesh Alam and he informed the police and then the police came there and the said bag was handed over to the police and accordingly the petitioner has been made accused in the present case. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.39219 of 2019(2) dt.28-06-2019 2/2 it is completely a concocted story which has been created with a view to implicating the petitioner and there is no truth in the allegation, why the petitioner would throw the bag in the shop of Awesh Alam.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Araria in connection with Special Case No. 958 of 2018 arising out of Forbesganj (Simraha) P.S. Case No. 626 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T