Patna High CourtCR. MISC./47428/2017bail granted

Aftab Alam v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47428 of 2017 Arising Out of PS. Case No.-24 Year-2017 Thana- Rishiup District- Aurangabad ====================================================== Aftab Alam son of Late Nahaluddin Khan, Resident of Village - Kidihira, P.O. Utrawa, P.S. Shahabganj, District - Chandauli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Leelawati Kumari For the Opposite Party/s :

Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-10-2017 Heard Dr. Leelawati Kumari, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Risiup P.S. Case No. 24 of 2017 registered for offence under Section 30(a), 38 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner, at the very outset, has drawn my attention to Annexure - 2 to the petition i.e. copy of F.I.R., vide Mugalsarai P.S. Case No. 168 of 2017, which was registered on 09-03-2017 regarding theft of his vehicle, bearing registration no. UP67T/2312. Subsequently, the said vehicle was found carrying liquor and present F.I.R. i.e. Risiup P.S. Case No. 24 of 2017 was registered against unknown giving the number of the vehicle of the petitioner and subsequently, the petitioner,

Patna High Court Cr.Misc. No.47428 of 2017(2) dt.17-10-2017 2/2 being owner of the said vehicle, has been made accused. Considering the fact that regarding theft of the vehicle, the petitioner had already filed an F.I.R. and subsequently, the said vehicle was recovered carrying liquor, there is no reason to raise any suspicion against the petitioner.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Aftab Alam be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VII cum Special Judge, Aurangabad in connection with Risiup P.S. Case No. 24 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T