Md. Mehtab @ Mehtab Alam @ Md. Mahtab @ Md. Mehtab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58469 of 2017 Arising Out of PS. Case No.-14 Year-2017 Thana- BARIYARPUR District- Munger ====================================================== Md. Mehtab @ Mehtab Alam @ Md. Mahtab @ Md. Mehtab Alam, Son of Md. Fakruddin, Resident of Monsaritalle P.S.- Kashim Bazar, DistrictMunger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. AMITESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 25(1-b)a/25(1-A), 25(1-AA), 25(1-AC), 26(i)(ii), 35 of the Arms Act and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 750ml wine is recovered from a car.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.9.2017. There is no allegation of tampering of witnesses alleged against the petitioner. No arms is said to have been recovered from the possession of the petitioner. It is alleged that 750 ml wine is recovered from a car

Patna High Court Cr.Misc. No.58469 of 2017(2) dt.18-12-2017 2/2 in question. The name of the petitioner has come on confessional statement of co-accused Sanjay Mandal. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail vide Annexure-3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Munger in connection with G.R. No.252 of 2017 arising out of Bariyarpur P.S. case No.14 of 2017. (Sudhir Singh, J) Narendra/- U T