Patna High CourtCR. MISC./82402/2019bail granted

Appu Miyan @ Appu v. The State Of Bihar

2019-12-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82402 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Appu Miyan @ Appu, male, aged about 30 years, Son of Late Isha Mohammad, Resident of Village- Jagmalwa, P.S.- Thawe, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2019 The petitioner seeks bail in connection with Gopalganj P.S. Case No. 257 of 2019, dated 25.05.2019, instituted for the offences under Sections 414/34 of the Indian Penal Code and Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2018 It appears that 1728 litres of liquor was recovered from a pick-up van which vehicle also was suspected to be stolen property. One Gulfam is said to have been arrested at the time of search and seizure. The name of the petitioner has been taken by aforesaid Gulfam

Patna High Court CR. MISC. No.82402 of 2019(2) dt.12-12-2019 2/2 It has been submitted on behalf of the petitioner that but for the confession of an arrested co-accused person, there is no other material to connect the petitioner with the aforesaid offence. There is no recovery from the petitioner and the two cases in which he has been earlier made accused, he is on bail.

Regard being had to the aforesaid facts and the period of custody of the petitioner which is from 26.08.2019, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions JudgeII-Cum-Special Judge, Excise, Gopalganj in connection with Gopalganj P.S. Case No. 257 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T