Mirchaiya @ Md. Siddque @ Md. Sadique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55698 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- KATIHAR District- Katihar ====================================================== MIRCHAIYA @ MD. SIDDQUE @ MD. SADIQUE S/o Md. Afhim R/o Mohalla- Driver Tola, P.S.- Katihar Nagar, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2019 Heard both sides.

The petitioner apprehends his arrest in Katihar Nagar P.S. Case No.10 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The police apprehended Suresh Yadav while he was selling liquor and from his possession, two bottles each containing 180 ml. of Officer's Choice Whiskey were recovered. The apprehended accused disclosed that he and others used to sell liquor of Deepak Jaiswal. Suresh Yadav also disclosed that petitioner is also one of the persons who used to sell liquor.

It is submitted that petitioner was neither apprehended selling liquor but the name of the petitioner figured in the case on the confessional statement of Suresh Yadav. There is no

Patna High Court CR. MISC. No.55698 of 2019(2) dt.04-09-2019 2/2 material on record to show that petitioner indulged in trade of liquor.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise Act, Katihar, DistrictKatihar in connection with Katihar Nagar P.S. Case No.10 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T