Patna High CourtCR. MISC./55390/2018bail granted

Md. Phool @ Phool v. The State Of Bihar

2018-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55390 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Md. Phool @ Phool, Son of Md. Sarfaraj @ Mohmmad Sarfaraj, Resident of Mohalla- Kathalwari, Ward No.12, P.S.- L.N.M.U., DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd (APP38) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kamtaul P.S. Case No. 26/2018, instituted for the offences under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. In the written report, it is alleged that 51 litres and 300ml. of foreign liquor has been seized from a vehicle. Learned counsel for the petitioner has submitted that he has clean antecedent. The petitioner has no concern with the aforesaid vehicle. He is neither owner nor driver of the said vehicle. From the written report itself, it appears that there is no any recovery from the possession of this petitioner. He is in

Patna High Court Cr.Misc. No.55390 of 2018 (2) dt.20-09-2018 2/2 custody since 01.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IVth-cum-Special Judge, Darbhanga in connection with Kamtaul P.S. Case No. 26/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T