Md. Moine v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74848 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== MD. MOINE Son of Md. Yusuf Resident of Village - Dipol, Ward No. 10, Amouna, Bhawanipur, P.S. - Jogbani, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha,Adv For the Opposite Party/s :

Mr.Suman Kumari Singh,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Spl. Case No. 1171 of 2019 arising out of Forbesganj Circle, Excise Case No. 32 of 2019, registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act, 2016.

As per allegation made in the F.I.R., on search being conducted, 600 ml. of Nepali liquor was recovered from dicky of the motorcycle. It is further stated that driver of the vehicle managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.74848 of 2019(2) dt.27-11-2019 2/2 that he has been falsely implicated in this case only on the ground that he happens to be the registered owner of the vehicle. Nothing has been recovered from his conscious possession and he has no criminal antecedent.

In view of the facts and circumstances of the case, the above named petitioner is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall 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-cum-Spl. Judge, Araria in connection with Spl. Case No. 1171 of 2019 arising out of Forbesganj Circle Excise Case No. 32 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T