Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76010 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- GARRANDANGA District- Kishanganj ====================================================== USMAN, aged about 19 years, Male, Son of Hasib @ Hasib Alam, Resident of Village - Satmedhi (Garbandanga), P.S.- Garbandanga, Distt - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehends his arrest in connection with Garbandanga P.S. Case No. 36 of 2019 giving rise to Special Case No. 266 of 2019 registered for the offences punishable under Sections 30(a), 38, 47 of Bihar Prohibition and Excise Act, 2016.

Informant in his written complaint has alleged that on 23.07.2019 he received a confidential information that Urmila Devi is indulged in trade of illicit liquor and on receiving said information he reached said place where he found two persons sitting on motorcycle who were identified and on another motorcycle one sack was kept which was being unloaded in a shop by Urmila and Raju who were apprehended and 14.55 liters

Patna High Court CR. MISC. No.76010 of 2019(2) dt.25-11-2019 2/2 of illicit liquor was recovered from them. The apprehended person disclosed their names as Raju and Urmila Devi and persons who fled away as Usman and Vijan.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He was not apprehended at the place of occurrence. Nothing has been recovered from his possession. He has no criminal antecedent. Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 2nd-cum-Special Judge (Excise), Kishanganj, in connection with Garbandanga P.S. Case No. 36 of 2019 giving rise to Special Case No. 266 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure subject to verification that petitioner has no criminal antecedent.

(S. Kumar, J) Rajiv/- U T