Asadullah Nomani @ Tigar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45778 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Asadullah Nomani @ Tigar, Son of Shibli Nomani Resident of Village - Jagmalwa, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case no. 257 of 2017, registered under Section 414/34 of the Indian Penal Code and 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accusation is that in course of patrolling duty the informant and other Police personnel received information from the spy that Bablu Singh, Ajeet Singh, Mukesh Kumar, Gufran and Vishal are carrying the illicit liquor loading on the vehicle, then informant and other Police personnel started checking of the vehicle on N.H.28. At that time, one vehicle was seen, when informant and other Police personnel gave signal to stop the vehicle then 5-6 persons succeeded to flee

Patna High Court CR. MISC. No.45778 of 2019(2) dt.24-07-2019 2/2 away. On search of vehicle, 200 cartons, each containing 48 bottles of 180 ML India made foreign liquor recovered. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. in course of investigation, one F.I.R. named accused Gufran was apprehended, who disclosed the name of petitioner and 23 other persons having hand in the business of illicit liquor. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge, Gopalganj-cum-Special Judge, Gopalganj in connection with Gopalganj Town P.S. Case No. 257 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T