Md. Taslim Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66363 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== Md. Taslim Hussain S/o Abdul Rain@ Md. Abdullah@ Bhola of VillPhenhara, P.S. Phenhara, Distt. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Phenhara P.S. Case No. 77 of 2018 registered for the offences punishable under Sections 188 and 290 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is recovery of 40 liters toddy from his possession.

It has been submitted on behalf of the petitioner that he is innocent. He has been falsely implicated in this case only on suspicion. He has no concern with the alleged recovery. Nothing has been recovered from his possession. The toddy was recovered from the Bamboo Thicket which does not belongs to

Patna High Court Cr.Misc. No.66363 of 2018(2) dt.26-11-2018 2/2 the petitioner. He has no criminal antecedent. He is in custody since 31.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran in connection with Phenhara P.S. Case No. 77 of 2018.

(S. Kumar, J) Rajiv/ManojU T