Aslam Miyan @ Aslam Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61348 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== ASLAM MIYAN @ ASLAM MIYA, aged about 30 years, Male, S/o Late Asarf Miyan @ Asraf Miya, R/o village- Ghataon @ Ghatawan, P.S.- Kudra, District- Kaimur at Bhabua ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kudra P.S. Case No. 238 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty, one person was seen with a bag and on seeing the police party he thrown the bag and fled away, but, he was identified by the local people as Aslam Miyan (petitioner). On search of bag, found, near the water tank, situated at Pusauli Bazar, 6 bottles, each containing 180 ml Indian made foreign liquor recovered. The submission of the learned counsel for the petitioner is that it would appear from the first information report that the petitioner was not apprehended on spot rather his name has been disclosed by the villagers and local Chowkidar.

Patna High Court CR. MISC. No.61348 of 2019(2) dt.14-10-2019 2/2 Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kudra P.S. Case No. 238 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge IV-cum-Special Judge, Excise Act, Kaimur at Bhabhua, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T