Patna High CourtCR. MISC./61460/2018bail granted

Md. Iraque @ Md. Sajjad @ Md. Saijad @ Sajjad And ANR v. The State Of Bihar

2018-10-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61460 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- BAKHARI District- Begusarai ======================================================

1. MD. IRAQUE @ MD. SAJJAD @ MD. SAIJAD @ SAJJAD, Son of Md. Jalil @ Md. Jalil Khan @ Jalil,

2. Jalil @ Md. Jalil @ Md. Jalil Khan, Son of Late Bato Khan, Both residents of Village- Deona, Ward No.2, P.S.- Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 150 ml. wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are the owner and the driver of the car in question. Except for this, there is no other substantive

Patna High Court Cr.Misc. No.61460 of 2018(2) dt.04-10-2018 2/2 evidence to suggest the implication of the petitioners in this case. It is alleged that 150 ml. wine is recovered from the car in question. The petitioners had no knowledge regarding the same. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Begusarai in connection with Bakhri P.S. Case No. 147 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T