Md. Naseerul @ Md. Nasirul @ Jahirul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66775 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- BISFI District- Madhubani ====================================================== MD. NASEERUL @ MD. NASIRUL @ JAHIRUL, (M), aged about 30 years, Son of Fahimul, Resident of Village- Katka, P.S.- Singhwara, DistrictDarbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Devendra Kumar, Advocate.

For the Opposite Party :

Mr.Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition, in course of the day.

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 272, 273, 414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 242.475 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 03.09.2019. The petitioner has got no criminal antecedent. The

Patna High Court CR. MISC. No.66775 of 2019(2) dt.21-10-2019 2/2 petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 242.475 liters wine is recovered from the Bolero vehicle. The petitioner is said to be the driver of the said vehicle. He had no knowledge regarding the nature of goods kept in the vehicle. 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 Additional Sessions Judge-II-cum-Special Judge, (Excise Act), Madhubani, in connection with Bisfi P.S. Case No. 252 of 2019, corresponding to G.R. No. 1631/2019.

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