Md. Anjam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59299 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

Md. Anjam, S/o Md. Akbar @ Mohammad Akbar, Resident of VillageBaijnathpur, P.S.- Saur Bazar, District- Saharsa. 2.

Md. Nausad, S/o Md. Noor, Resident of Village- Baijnathpur, P.S.- Saur Bazar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 02.08.2019 in connection with Pasraha P.S. Case No.88 of 2019 registered for the offence under Section 30(a)/38(1) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that the alleged recoveries were not from the conscious possession of the petitioners. It is further submitted that the petitioners are merely Driver and Khalasi and had nothing to do with the items which were loaded for transportation. The petitioners are also not having any criminal antecedents.

Patna High Court CR. MISC. No.59299 of 2019(2) dt.24-09-2019 2/2 Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedents, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Khagaria, in connection with Pasraha P.S. Case No.88 of 2019. (Anjana Mishra, J) PNM U T