Md. Mintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52984 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Md. Mintu Son of Md. Anwar Resident of Mohalla- Anwar Chowk, Ward No. 20, PS- Town, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Excise P.S. Case No. 101 of 2022 lodged under Sections 30(a), 41(1), 41(2) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the prosecution case, the total recovery of 480 litres of desi wine alleged to be made from the tempo of the petitioner.

Learned counsel for the petitioner submits that petitioner is not the owner rather he is the driver of the said

Patna High Court CR. MISC. No.52984 of 2022(2) dt.20-10-2022 2/2 tempo and police has apprehended him from the place of occurrence. Learned counsel for the petitioner submits that his antecedent is clean and he is in custody since 26.06.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court (Second)-cum-Additional District and Sessions Judge, Hajipur, Vaishali in connection with Hajipur Excise P.S. Case No. 101 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T