Muslim @ Muslim Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 51667 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MUSLIM @ MUSLIM MIYAN, aged about 32 years (M), Son of Late Safi Mohammad @ Safi Miyan, Resident of Village - Gurmiya, P.S.- Ghorasahan, District- East Champaran, Motihari ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Ms Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and the learned APP.
Petitioner seeks bail in a case registered under Sections 272, 273 of Indian Penal Code and Section 30 (a), 41
(1) of Bihar Prohibition and Excise Act.
330 bottles of 300 ml each of Nepali Soufi is alleged to have been recovered from a "Tokari" in the petitioner's motorcycle while he was entering in the country from Nepal. Petitioner's counsel submits that petitioner has been falsely implicated in this case and he has no criminal antecedent prior to the instant case. He is in custody since 02.07.2019. Having considered the submission, prayer for bail is
Patna High Court CR. MISC. No.51667 of 2019(3) dt.01-10-2019 2/2 allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Motihari, East Champaran in Kundwachainpur Police Station Case No 100 of 2019 with the following conditions:
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T