Patna High CourtCR. MISC./39313/2016bail granted

Sainul And ORS v. The State Of Bihar

2016-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39313 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -AMAUR District- PURNIA ======================================================

1. Sainul Son of Late -Mahbood Sah

2. Mukim @ Mokim son of Rozid

3. Rozid son of Mahbood Sah

4. Rayees Son of Rozid

5. Md. Kurban Son of Jalil

6. Kalimuddin Son of Late - Latif All resident of village- Amour Fakir Tola, P.S. - Amour, District- Purnea.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Amit Kumar Anand, Advocate.

For the Opposite Party : Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Learned counsel for the petitioners submits that petitioner no. 5 has already been arrested. Accordingly, petition on behalf of petitioner no. 5 Md. Kurban is dismissed as has become infructuous.

Heard both sides.

The petitioners apprehend their arrest in Amour P.S. Case No. 60 of 2016 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 47(A) of the Bihar Excise (Amendment) Act, 2016. The police intercepted the tempo and arrested the driver of the tempo who disclosed his name as Md. Jasim. From the

Patna High Court Cr.Misc. No.39313 of 2016 (3) dt.19-09-2016 2/2 tempo huge quantity of toddy was recovered. The tempo driver disclosed the name of the petitioners. It is further submitted that the driver was carrying the toddy and the petitioners have no manner of concern with the toddy.

Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Amour P.S. Case No. 60 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T