Boukoo Mian @ Bouku Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.869 of 2018 Arising Out of PS.Case No. -161 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================
1. Boukoo Mian @ Bouku Mian S/o Late Tasowar Mian, R/o VillageTappu Tola, Pipra Ghat, P.S.- Jogbani, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 161 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and sections 30(a) 38(i) of the Indian Penal Code and Sections 30/38 of the Bihar Excise Prohibition Act.
The allegation is regarding the petitioner having been apprehended by the Police and upon search 300 bottles of various quantities of illicit liquor was recovered from the sack being carried by the petitioner.
The case of the prosecution is that the petitioner is a carrier and he used to be paid a sum of Rs. 500/- for carrying the
Patna High Court Cr.Misc. No.869 of 2018 (2) dt.19-01-2018 2/2 illicit liquor.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he has a clean antecedent and he is in custody since 06.10.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge-cum-Special Judge, Araria in connection with Jogbani P.S. Case No. 161 of 2017.
(Mohit Kumar Shah, J) S.Sb/- U T