Md. Ishak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54573 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- SAKRI District- Madhubani ====================================================== Md. Ishak, Son of Late Md. Hanif, Resident of Village- Gadhiya, P.S.- Andharamath, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jatinder Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 This is an application for grant of anticipatory bail in connection with Sakri P. S. Case No. 164 of 2018, disclosing offences under Sections 272, 273/34 of IPC and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Recovery of 84 liters of liquor from the four wheeler and one motorcycle and four persons were arrested at the spot and one motorcycle was of the petitioner.

Submission of the learned counsel for the petitioner is that the F.I.R. itself shows that the motorcycle was taken by the co-accused from the petitioner and as such, he has no role. He has no criminal antecedent and another accused has been granted privilege of anticipatory bail by this Court, vide order dated 06.05.2019 passed in Criminal Misc. No. 19031 of 2019. Heard learned A.P.P. also.

Having heard both sides, considering the above

Patna High Court CR. MISC. No.54573 of 2019(2) dt.30-08-2019 2/2 submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Sakri P. S. Case No. 164 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T