Md. Naushad Ali @ Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34435 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -DANAPUR RAIL P.S. District- PATNA ====================================================== Md. Naushad Ali @ Md. Naushad, S/o- Md. Isak Ali@ Isaf Ali. Resident of Village- Chakramin, P.S.- Bihpur (Bhawanipur), DistrictBhagalpur, at present R/o- TRD, Jabalpur Division, posted as Electrical helper, P.S.+District- Jabalpur (M.P.) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Sri Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2018 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking regular bail in connection with GRP(Rail) Danapur P.S. Case No.35 of 2018 registered for offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that 50 liters of illicit liquor has been recovered from the cabin of Guard Barrack of Train No. 19421. Learned counsel submits that there is no recovery of illicit liquor from the conscious possession of the petitioner, the petitioner has got no criminal antecedent and similarly situated co-accused, Manjit Kumar Singh, has been granted privilege of regular bail by a co-ordinate Bench of this

Patna High Court Cr.Misc. No.34435 of 2018 (2) dt.12-06-2018 Court vide order dated 04.06.2018 passed in Cr. Misc. No. 33617 of 2018.

Learned A.P.P. for the State is present.

Considering the facts and circumstances, whereunder the petitioner is said to be a Government Servant and no recovery has been shown from the conscious possession of the petitioner as also that, he has no criminal antecedent and similarly situated coaccused has been granted regular bail by a coordinate Bench, let the petitioner, above named , be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, in connection with GRP(Rail) Danapur P.S. Case No. 35 of 2018 corresponding to Spl. Case No.4121/2018, subject to the conditions under Section 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T