Imteyaj Ahmad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75307 of 2018 Arising Out of PS. Case No.-21 Year-2016 Thana- MADHAURAH District- Saran ====================================================== Imteyaj Ahmad Ansari son of Md. Mustakim Ansari, Resident of VillageOlahanpur, P.S. Marhowra, District Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Marhowra P.S. Case No. 21 of 2016, disclosing offences under Sections 272, 273, 34 of the Indian Penal Code and Section 47(A )of the Excise Act.

Allegation is of recovery of 2500 liters raw spirit from a Bolero vehicle and the petitioner is said to be the owner of said vehicle.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and on bare perusal of the F.I.R. it appears that Manoj Rai and Arun Rai had hired the said vehicle at the cost of Rs.800/- from the petitioner on the pretext of loading kerosene oil and as such the petitioner has no role in that occurrence. Further, he has no criminal antecedent.

Patna High Court Cr.Misc. No.75307 of 2018(3) dt.25-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra, in connection with Marhowra P.S. Case No. 21 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T