Md. Asghar Mansuri v. The State Of Bihar

Patna High Court Cr.Misc. No.53736 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53736 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -PIRO District- BHOJPUR ====================================================== Md. Asghar Mansuri, S/o Late Md. Khalil Mansuri, R/o Village-Nabinagar, P.S.-Nabinagar, District-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 5314 of 2017 arising out Piro P.S. Case no. 220 of 2017 registered for the offence punishable under Sections 30(a), 38(i)(ii), 41(i) of the Bihar Excise Act, 2016. 750 ml. foreign liquor is said to have been recovered from possession of the petitioner while 26 lts. country made liquor contained in two bags were recovered from the cabin of the bus where the petitioner was sitting as commuter. It is submitted by the learned counsel for the petitioner that only 750 ml. foreign liquor is said to have been recovered from the possession of the petitioner. So far as the recovery of 26 lts. country made liquor is concerned, the driver

Patna High Court Cr.Misc. No.53736 of 2017 (2) dt.09-11-2017 and conductor of the said bus, as mentioned in the written report itself, have stated that the said bag was loaded at Kolkata and were to be handed over to different persons at Ara. No incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern with the aforesaid 26 lts. of country made liquour. The petitioner has been languishing in custody since 30.08.2017. The petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IV, Ara, Bhojpur in connection with Excise Case no. 5314 of 2017 arising out Piro P.S. Case no. 220 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T