Fakhruddin @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53693 of 2018 Arising Out of PS. Case No.-378 Year-2018 Thana- Araria District- Araria ====================================================== Fakhruddin @ Kariya son of Yasin, resident of Village- Safipur Ward No. 8, P.S. Araria, District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Uday Bhanu Roy Mr. Sunil Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

06-10-2018 Heard Sri Uday Bhanu Roy, learned counsel assisted by Sri Sunil Kumar, learned counsel for the petitioner. None appeared on behalf of State.

The sole petitioner, apprehending his arrest in Special Case No. 703 of 2018, arising out of Araria P.S. Case No. 378 of 2018 registered for offence under Section 30(a) and 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner, at the very outset, has referred to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that petitioner, in the present case, has falsely been made accused on an accusation of recovery of cough syrup from

Patna High Court Cr.Misc. No.53693 of 2018(3) dt.06-10-2018 2/2 the premises of the petitioner.

Considering the nature of accusation and clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Fakhruddin @ Kariya be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria in connection with Special Case No. 703 of 2018, arising out of Araria P.S. Case No. 378 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T