Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47266 of 2016 Arising Out of PS.Case No. -378 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Md. Shamim Son of Md. Shalim, Resident of Mohalla- Chhata Masjid, P.S.- Kotwali, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 120B of the Indian Penal Code and Sections 47(a), 48(2), 54, 63 of Bihar Excise (Amendment) Act, 2016.

190 bottles containing near about 90 litres Indian made foreign liquor were recovered from dickky of a vehicle which was being driven by the petitioner at the time of recovery. Submission on behalf of the petitioner is that petitioner is in jail custody since 24.09.2016 and prior to institution of the present case, he was made accused in Amas P.S. Case No. 11 of 2016. It is further submitted that as a matter of

Patna High Court Cr.Misc. No.47266 of 2016 (3) dt.11-01-2017 2/2 fact, petitioner does not have any concern with the seized liquor. Considering the facts and circumstances of the case as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No. 378 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T