Ishhak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61620 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- RAJPUR District- Buxar ====================================================== ISHHAK ANSARI S/O RASEED ANSARI @ RASEED R/o villageKathiraon Bazar, Fattupur, P.S.- Phulpur, District- Varanasi, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 216 litres of IMFL was recovered from the vehicle being driven by this petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. He is in custody since 18.5.2021 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is resident of outside the State of Bihar.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.61620 of 2021(2) dt.11-04-2022 2/2 taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Rajpur P.S. Case no.95 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Buxar on the following conditions:

(i) one of the bailors of the petitioner shall be a close relative of the petitioner.

(ii) the other bailor of the petitioner shall be resident of a place within the jurisdiction of the learned trial court. (Partha Sarthy, J) Saurabh/- U T