Reyaz Mian @ Reyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31596 of 2015 Arising Out of PS.Case No. -576 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Reyaz Mian @ Reyaz Ansari, son of Shakil Ansari, resident of VillageSariswa, P.S.- Harsidhi, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-08-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 4/7 of the Cigarettes and other Tobacco Products(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

The accusation is of recovery of four bags of Kendu leaves and three bags of dry tobacco from the possession of one Jagarnath Sahani. The said Jagarnath Sahani suggested that the seized articles belong to the petitioner.

It is submitted by learned counsel for the petitioner that seized articles were purchased from M/S Rahman Trading Company, Jeewdhara, East Champaran. Hence, maliciously the accusation has been levelled. A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.31596 of 2015 (2) dt.05-08-2015 2/2 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for four months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia P.S. Case No. 576 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned Court below on verification of the fact that seized Kendu leaves and dry tobacco were being transported under valid permit.

(Dinesh Kumar Singh, J) Shageer/- U T