Md. Kalam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36773 of 2018 Arising Out of PS. Case No.-219 Year-2018 Thana- Kishanganj District- Kishanganj ======================================================

1. Md. Kalam, Son of Late Md. Mumtaz

2. Md. Afsuj Zaman, Son of Md. Kalam, Both are Residents of Hawai Adda, P.S. & District- Kishanganj. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

29-06-2018 Heard Mr. Md. Nurul Hoda, learned counsel for the petitioners and Sri Pranav Kumar, learned Addl. Public Prosecutor.

Two petitioners, having clean antecedent, which fact has been stated in paragraph - 3 of the petition, apprehending their arrest in Kishanganj P.S. Case No. 219 of 2018 (Special Case No. 74 of 2018) registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender. Learned counsel for the petitioners submits that petitioner no. 1 (Md. Kalam) is owner of the pick-up van and petitioner no. 2 (Md. Afsuj Zaman) was the driver of the said pick-up van. It has been argued that said pick-up van was used for carrying chicken and while it was moving, the police tried to intercept, however; due to fear, the petitioner no. 2 tried to flee

Patna High Court Cr.Misc. No.36773 of 2018(2) dt.29-06-2018 2/2 away and thereafter, leaving the vehicle, he fled away. Subsequently, the police has concocted a case, as if, in the vehicle, four bottles of Beer weighing 2.6 litres was kept. It has been argued that petitioner no. 2, only due to fear, had fled away, otherwise, in the vehicle, there was no such material. Be that as it may, in view of nature of accusation as well as clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Md. Kalam and Md. Afsuj Zaman be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned IInd Additional District & Sessions Judge-cum-Special Judge, Excise Act, Kishanganj in connection with Kishanganj P.S. Case No. 219 of 2018 (Special Case No. 74 of 2018), subject to condition as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T