Arif Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71904 of 2019 Arising Out of PS. Case No.-408 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== 1.

ARIF ALI Son of Mohiuddin Resident of Gawan, P.S.-Gawan, DistrictGiridih, Jharkhand. 2.

Krishna Choudhary Son of Binod Choudhary Resident of Gawan, P.S.- Gawan, District-Giridih, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Akabarpur PS Case No. 408 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Having no criminal antecedent petitioner is in custody since 16.9.2019. It is submitted that recovery is from the motorcycle which does not belong to the petitioners. Submission is of false implication and that recovery is not as per procedure prescribed.

Having regard to the aforesaid submissions the petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Act Nawada in Akabarpur PS Case No.

Patna High Court CR. MISC. No.71904 of 2019(2) dt.13-12-2019 2/2 408 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T