Md. Islam Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25171 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -PUPRI District- SITAMARHI ======================================================
1. Md. Islam Nadaf, son of Md Yasin, resident of Village- Belmohan, Pupri, P.S.- Pupri, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 272/273 of the Indian Penal Code and Section 30 (a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.
51 liters of country made liquor and some Nepali saufi wine is said to have been recovered from the mustard field located in front of newly constructed house of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. The place of
Patna High Court Cr.Misc. No.25171 of 2018 (02) dt.01-05-2018 2/ 2 recovery is an open place and easily accessible to everyone. The petitioner was not apprehended on spot. He has no criminal antecedent and has been languishing in custody since 13.03.2018. In the facts and circumstances of the case, the above named petitioner is 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 learned A.D.J.-II-cumSpecial Judge Excise Act, Sitamarhi in connection with Pupri P.S. Case No.55 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T