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Patna High CourtCR. MISC./39558/2018allowed

Md. Ibrahim And ANR v. The State Of Bihar

2018-07-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39558 of 2018 Arising Out of PS. Case No.-216 Year-2018 Thana- SAUR BAZAR District- Saharsa ======================================================

1. Md. Ibrahim S/o Md. Jainul

2. Md. Shahjad @ Md. Sahzad S/o Md. Wasim Both are residents of village - Nariyar Millat Nagar Ward No. 3 P.S. Saharsa, District - Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Special Excise Case No. 205 of 2018 corresponding to Sour Bazar P.S. Case No. 216 of 2018 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Petitioners are alleged to be drivers of the pick-up van.

Learned counsel for the petitioners submits that petitioner no.2 has no criminal antecedent. He submits that petitioners are in custody since 17.04.2018 in connection with seizure of 1481.2 liters of liquor. Leaned counsel submits that petitioners were arrested while they were coming from

Patna High Court Cr.Misc. No.39558 of 2018(2) dt.09-07-2018 2/2 Sardeshpur village and nothing was recovered from their physical conscious possession.

Considering the aforesaid facts, let the petitioners, named above, be enlarged on bail after 17.07.2018 on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Saharsa, in connection with Excise Case No. 205 of 2018 corresponding to Sour Bazar P.S. Case No. 216 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T