Md. Warish @ Waris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59321 of 2017 Arising Out of PS.Case No. -302 Year- 2017 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Warish @ Waris, Son of Late Md. Yunus Resident of village Ghat Belwari, P.S. Palasi, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s: Mr. Dashrath Mehta,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks regular bail in connection with jokihat P.S.Case No.302 of 2017 (Special Case No.2848/17) instituted for the offence under Section 273/34 of I.P.C. and Sections 30(a)/38(I) of Bihar Prohibition and Excise Act,2016. The allegation is regarding recovery of certain quantity of cough syrup from the Bolero vehicle.

The learned counsel for the petitioner submits that the petitioner is neither the driver nor the owner of the said vehicle and merely on suspicion he was arrested and forcibly his confessional statement was taken. It is further submitted that the petitioner has a clean antecedent and he is in custody since 25.09.2017.

Patna High Court Cr.Misc. No.59321 of 2017 (3) dt.22-12-2017 2/2 Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner, named above, to be released on regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge -cum- Special Judge (Excise), Araria, in Jokihar P.S. Case No.302 of 2017 (Special Case No.2848 of 2017).

(Mohit Kumar Shah, J) AnilKrSinha/- U