Kabatullah @ Munna @ Kabutulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44000 of 2017 Arising Out of PS. Case No.-109 Year-2017 Thana- BAUSI District- Purnia ====================================================== Kabatullah @ Munna @ Kabutulla, Son of Maqbul Hussain, Resident of Village- Dangraha, Police Station- Baisi in the district of Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Raj Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Special Excise Case No.1648 of 2017 (arising out of Baisi P.S. Case No.109 of 2017) registered for the offence under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that in the present case, recovery of two bottles of bear each containing 500 ml. was shown from a Maruti Breza car of brother of the petitioner and the petitioner has falsely been made accused in the present case. Learned counsel for the petitioner submits that except the present case, the petitioner

Patna High Court Cr.Misc. No.44000 of 2017(2) dt.21-09-2017 2/2 was never earlier made accused in relation to the offence under the Excise Act.

Considering the nature of accusation as well as the fact that the petitioner was not owner of the vehicle, in which seizure was affected, let the petitioner, namely, Kabatullah @ Munna @ Kabatulla, in the event of his arrest or surrender within six weeks from today, be released 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 learned 2nd Addl. Sessions Judgecum- Special Judge(Excise), Purnea in connection with Special Excise Case No.1648 of 2017 (arising out of Baisi P.S. Case No.109 of 2017), subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T