Md. Afzal Khan @ Md. Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69321 of 2019 Arising Out of PS. Case No.-681 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== MD. AFZAL KHAN @ MD. AFZAL, aged about 26 years, Male, Son of Md. Mojid Khan @ Md. Mujib Mahrum, Resident of Village - Gardanibagh, Road No.21, P.S.- Gardanibagh, Dist.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shakti Suman Kumar, Advocate.

For the Opposite Party :

Mr.Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 120 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 14.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.69321 of 2019(2) dt.13-11-2019 2/2 witnesses alleged against the petitioner. It is alleged that total 120 liters wine is recovered from the Auto Rickshaw. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds 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 Special Case No. 6186 of 2019, arising out of Phulwari Sarif (Janipur) P.S. Case No. 681 of 2019.

(Sudhir Singh, J) U.K./- U T