Md. Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2363 of 2019 Arising Out of PS. Case No.-552 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Md. Kaisar Md. Ziaullah, Resident of Village-Kharuhi, Bara Faraid, P.SKundwa Chainpur, District-East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 10.10.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition Excise Act, 2016. The prosecution case is that from a car driven by the petitioner 393 litres of foreign liquor was recovered. It is submitted by learned counsel for the petitioner that the petitioner is driver of the car. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that recovery had been made from the car of the petitioner.

Patna High Court Cr.Misc. No.2363 of 2019(2) dt.21-01-2019 2/2 Considering the nature of the accusation and the fact that there is no recovery from the petitioner, coupled with statement made in the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 Special Judge ( Excise), East Champaran, Motihari, in connection with Excise No. 552 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T