Manu Ansari @ Hasauddin Ansari @ Mannu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81117 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== MANU ANSARI @ HASAUDDIN ANSARI @ MANNU ANSARI Son of Bhola Miyan @ Bhola Ansari Resident of Village - Harsar, P.S.- Daraunda, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Daraunda P.S. Case No. 53 of 2019 registered for the offence punishable under sections 30(a) and 38 of Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, two persons were apprehended on motorcycle and from their possession 34.56 litres of IMFL was recovered. It is further submitted that 5 litres and 7.2 litres of IMFL is said to have been recovered from two accused persons.

It is submitted by learned counsel for the petitioner that the name of the petitioner has transpired in the confessional statement of two accused persons on the motorcycle from whom 34.56 litres of IMFL was recovered. It is further submitted that besides the confessional statement of co-accused before the

Patna High Court CR. MISC. No.81117 of 2019(2) dt.10-12-2019 2/2 police, there is no substantial material against the petitioner, who is in custody since 09.07.2019 and charge-sheet has been submitted.

The application for bail is opposed by learned APP for the State who submits that petitioner has criminal antecedent under the Excise Act.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances especially that the petitioner was not arrested on the spot nor any incriminating material was recovered from the possession of the petitioner and chargesheet has been submitted in this case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Siwan in connection with Daraunda P.S. Case No. 53 of 2019.

(Partha Sarthy, J) sushma/- U T