Akhtar Hussain @ Mintu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55703 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== AKHTAR HUSSAIN @ MINTU ALAM, Son of Kyamudin Miyan, Resident of Village - Mashrak Takhat, P.S.- Mashrak, Distt - Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 13.06.2019 in connection with Siwan Muffasil (Dhanauli O.P.) P.S. Case No.221 of 2019 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged recoveries of 28.800 litres of illicit liquor were not from the conscious possession of the petitioner, but from the motorcycle of the petitioner. However, learned counsel contends that the said motorcycle does not belong to the petitioner. Considering the aforementioned facts and circumstances and that the petitioner has no criminal

Patna High Court CR. MISC. No.55703 of 2019(2) dt.04-09-2019 2/2 antecedents, let the petitioner, above named, 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 Additional Sessions Judge-2nd-Cum Special Judge, Excise, Siwan, in connection with Siwan Muffasil (Dhanauli O.P.) P.S. Case No.221 of 2019.

(Anjana Mishra, J) PNM U T