Nezam @ Md. Nizamu @ Md. Nizam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55512 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BIRPUR District- SUPAUL ======================================================

1. Nezam @ Md. Nizamu @ Md. Nizam, S/o Basir @ Md. Basir, Resident of Village- Balua Bazar, P.S.- Balua Bazar, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Special Case No. 2/2017, arising out of Birpur P.S. Case No. 12/2017 dated 18.01.2017 instituted for the offences under Sections 420 and 120(b) of the Indian Penal Code, Sections 38(1), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016 and Sections 22(a) and 23 of the N.D.P.S. Act.

A Scorpio vehicle was stopped by the police party, which was coming at a high speed, but it did not stop on the signal. The vehicle dashed against a tree. 12 kg. of Nepali Ganja and approximately 379 litres of Nepali liquor was recovered from the vehicle. The petitioner along with others were identified by someone as the accused persons who were running away from the

Patna High Court Cr.Misc. No.55512 of 2017 (3) dt.07-12-2017 2/2 place of occurrence.

The petitioner is in custody since 14.09.2017 and in the cases lodged against him, prior to lodging of the present case, he is on bail. Under similar circumstances, Rajbul @ Rajabul @ Md. Rajbul and Vikrant Viplav @ Vikrant have been granted bail by a different Bench of this Court.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge (Excise), Supaul in connection with Birpur P.S. Case No. 12/2017.

(Ashutosh Kumar, J.) Rakhi U T