Patna High CourtCR. MISC./43449/2017bail granted

Md. Saddique @ Md. Siddique @ Mirchaiya v. The State Of Bihar

2017-09-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43449 of 2017 Arising Out of PS. Case No.-66 Year-2017 Thana- KATIHAR (R.T) District- Katihar ====================================================== Md. Saddique @ Md. Siddique @ Mirchaiya s/o - Md. Yasin R/o Sadhwa, P.S. - Gopalpur (Rangra O.P.) Distt - Bhagalpur at present Driver Tola, Katihar Ward No. 16, Near Masjid, P.S. and Distt - Katihar. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2017 Heard Sri Sanjeev Kumar Singh, learned counsel for the petitioner and Sri Mithilesh Kumar Khare, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 09.07.2017 in Katihar Rail P.S. Case No.66/2017 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that the petitioner has been made accused only on confessional statement of co-accused, from whose possession about 28 liters of Indian Make Foreign liquor was recovered. He submits that save and except confessional statement, there is nothing against the petitioner.

Patna High Court Cr.Misc. No.43449 of 2017(2) dt.19-09-2017 2/2 Sri M.K.Khare, learned Addl. Public Prosecutor has opposed the prayer of the petitioner and submits that the petitioner is also accused in another case relating to the same offence.

However, considering the nature of accusation, period of custody as well as the fact that the petitioner has been made accused on the basis of confessional statement of co-accused, let the petitioner, namely, Md. Saddique @ Md. Siddique @ Mirchaiya 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 A.D.J.II-cum- Special Judge, Excise Act, Katihar in connection with Katihar Rail P.S. Case No.66/2017.

(Rakesh Kumar, J) nawalkrs/- U T