Patna High CourtCR. MISC./79854/2018bail granted

Md. Saddam Khan @ Saddam Khan v. The State Of Bihar

2019-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79854 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- BARGAINIA District- Sitamarhi ====================================================== Md. Saddam Khan @ Saddam Khan Son of Nathuni Khan, Resident of Village- Patahi Chowk, P.S.-Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 134 of 2017 instituted for the offence under Section(s) 272/273 of the Indian Penal Code and Section 41 of Bihar Prohibition & Excise Act, 2016.

Learned counsel for petitioner submits that petitioner was not apprehended on the spot. There is no recovery of any incriminating article from possession of this petitioner. It is alleged that total 162 litres of Nepali Saufi liquor has been recovered from tempo. The informant has further alleged that driver of the tempo managed to run away. The informant has mentioned the name of owner of the tempo as Bishambhar Raut.

Patna High Court Cr.Misc. No.79854 of 2018(2) dt.17-01-2019 2/2 Learned counsel for petitioner submits that petitioner is neither owner nor driver of the alleged tempo. Petitioner is in custody since 1.12.2018 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, 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 the learned Additional District and Sessions Judge-II cum Special Judge, Sitamarhi in connection with Bairgania P.S. Case No. 134 of 2017, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T