Patna High CourtCR. MISC./72513/2019allowed

Md. Javed Akhtar v. The State Of Bihar

2020-07-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72513 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Md. Javed Akhtar Son of Jahiruddin Miyan Resident of Village-Basiya Balumath, P.S.- Balumath, District- Latehar (Jharkhand), At present r/o Sanaulah Comp. Plot No. 2, Dharavi, Main Road, Mumbai, P.S. and DistrictMumbai (Maharashtra). ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Magadh University P.S. Case No. 65 of 2019 for offences under Sections 279, 337, 338 and 427 of the Indian Penal Code and Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and in the instant case two bottles of beer containing 650 ml each were seized. Learned counsel submits that the petitioner was not arrested on the spot but he has been named only on the basis of suspicion. Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner .

Patna High Court CR. MISC. No.72513 of 2019(3) dt.08-07-2020 2/2 Let the petitioner, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Special Excise Judge, Gaya in connection with Magadh University P.S. Case No. 65 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) BT/- U T