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Patna High CourtCR. MISC./35117/2018allowed

Md Azad v. The State Of Bihar

2018-06-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35117 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SUKHANI District- Kishanganj ====================================================== Md Azad, son of Mudlis resident of village Sabodangi P.S. Sukhani District Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP-213 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2018 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Sukhani P.S. Case No. 12 of 2018 giving rise to Special Case No. 129 of 2018 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that the petitioner has been implicated in the present case merely because he is the owner of Motorcycle in question, as a matter of fact he was neither arrested on the spot nor anything has been recovered from the conscious possession. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.35117 of 2018(2) dt.19-06-2018 2/2 petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, II Cum-Special Judge (Excise) Kishanganj in connection with Sukhani P.S. Case No. 12 of 2018 giving rise to Special Case No. 129 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/rahul/- U T