Patna High CourtCR. MISC./61819/2018bail granted

Md. Zahid v. The State Of Bihar

2018-10-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61819 of 2018 Arising Out of PS. Case No.-685 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Md. Zahid, Son of Md. Ali Hasan @ Ali Hussain, Resident of Panchmohalla, Jehanabad, Police Station-Jehanabad in the District of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the parties.

The petitioner seeks bail in Excise Case No. 848 of 2018, arising out of Jehanabad Police Station Case No. 685 of 2018, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioner, 10.5 litres of foreign liquor was recovered.

Learned Counsel appearing on behalf of the petitioner has submitted that the said liquor was not recovered from the conscious possession of the petitioner, rather from the autorickshaw, in which he was traveling. He also contends that since the seizure list bears the Police Station case number, it indicates that the seizure list was not prepared on the spot;

Patna High Court Cr.Misc. No.61819 of 2018(2) dt.06-10-2018 2/2 rather after registration of the first information report. Be that as it may, in view of the submissions so advanced and in view of the averments made in paragraph 3 of the application, that the petitioner has no criminal antecedents, this application is allowed.

Let the petitioner, Md. Zahid, be released 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 Additional Sessions Judge II, Jehanabad in Excise Case No. 848 of 2018, arising out of Jehanabad P.S. Case No. 685 of 2018.

(Chakradhari Sharan Singh, J) Ashish/- U