Patna High CourtCR. MISC./23029/2016bail granted

Hasmuddin Ansari @ Hasmuddin Hawari v. The State Of Bihar

2016-05-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23029 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Hasmuddin Ansari @ Hasmuddin Hawari Son of Nathuni Mian Resident of village - Jhakhara, P.S. Jagdishpur, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Indu Kri.Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-05-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of regular bail arises out of Jadopur P.S. Case No. 15 of 2016, disclosing offences under Sections 272, 273, 420/34 of the Indian Penal Code and Section 47(a) of Excise Act.

The petitioner is a driver of a pick up van, from which 800 litres of raw spirit was recovered. The van was being followed by a motorcyclist. The said pick up van alongwith spirit and a motorcycle were seized, which belonged to one Satendra Kumar Yadav.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.23029 of 2016 (2) dt.25-05-2016 2/2 petitioner's role was to drive the vehicle under the instructions of master co-accused Satendra Kumar yadav. The pick up van and spirit both belonged to him. It has further been submitted that the petitioner has no criminal antecedent.

Considering the above, this application is allowed. Let the petitioner, above-named, 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 Sri Dev Priya Kumar, Judicial Magistrate 1st Class, Gopalganj, in Jadopur P.S. Case No. 15 of 2016.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutives occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) siddharth/- U T