Patna High CourtCR. MISC./59104/2017bail granted

Md. Firoz v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59104 of 2017 Arising Out of PS.Case No. -189 Year- 2017 Thana -LAUKHA District- MADHUBANI ======================================================

1. Md. Firoz S/o Fulhasan R/o Village- Khutauna, P.S.- Khutauna, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Jitendra Kumar Bharti, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s: Mr. Anand Kishore Choudhary, A.P.P. No. 201 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Laukaha P.S.Case No. 189 of 2017 corresponding to G.R. No. 466 of 2017 instituted for the offence punishable under Sections 272, 273 of the Indian Penal Code and 30 (a) of the Bihar Excise Prohibition Amendment Act, 2016.

The allegation is regarding recovery of 135 liters of illicit liquor from the vehicle Tata Indica car of the petitioner. Learned counsel for the petitioner submits that the petitioner is neither owner nor driver of the said car and he has got nothing to do with the alleged recovery. It is stated that the

Patna High Court Cr.Misc. No.59104 of 2017 (2) dt.22-12-2017 2/2 petitioner has been falsely implicated in the present case. It is stated that the petitioner has clean antecedent and he is languishing in custody since 02.09.2017.

Considering the nature of accusation, period of custody undergone and clean antecedent, I deem it fit and appropriate to direct the release of the petitioners. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum Special Judge, Excise Act. Madhubani in connection with Laukaha P.S.Case No. 189 of 2017 corresponding to G.R. No. 466 of 2017.

(Mohit Kumar Shah, J) Sudha/- U T