Md. Arbaj @ Md. Arzu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61131 of 2017 Arising Out of PS.Case No. -806 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Arbaj @ Md. Arzu, Son of Md. Royaz @ Md. Ajaj, Resident of Ladaura, P.S.- Kurahani (Turki O.P.) District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Town P.S. Case No.806 of 2017 instituted for the offences under Section 30(a) and 38(2) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)a/26 and 35 of the Arms Act.

The allegation is regarding recovery of arms and liquor from the various persons who were apprehended when they were going together.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, no arms have been admittedly recovered from his possession. However, 5.4 litres of liquor has

Patna High Court Cr.Misc. No.61131 of 2017 (2) dt.21-12-2017 2/2 been recovered from the petitioner. The petitioner has got a clean antecedent and is in custody since 01.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that he has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in connection with Town P.S. Case No.806 of 2017.

(Mohit Kumar Shah, J) N.H./- U T