Md. Wakil Ahmad @ Pago @ Wakil Ahmad @ Md.Wakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25078 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== MD. WAKIL AHMAD @ PAGO @ WAKIL AHMAD @ MD.WAKIL .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Anand, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in jail since 10.04.2017 in a case registered for offences punishable under Sections 272, 273, 290 of the Indian Penal Code and Sections 30, 35, 38 of Bihar Prohibition and Excise Act, 2016.
The prosecution case is that the police party received a secret information that illegal foreign liquor was being sold in the Pago Coal dipo and accordingly a raid was conducted and when dust of coal was removed, then eight bottles of 180 ml foreign liquor and two bottles of 375 ml of foreign liquor folded in paper were recovered and accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has no criminal antecedent and
Patna High Court Cr.Misc. No.25078 of 2017 (36) dt.04-07-2017 2/2 being a proprietor of the Pago Coal Dipo, nothing has been recovered from his conscious possession and in the Coal Dipo various persons were working, hence, no offence is attributable to the petitioner.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstance of the case and materials on record, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Fulwaria P. S. Case No. 30 of 2017.
(Nilu Agrawal, J) Sudha/- U T