Patna High CourtCR. MISC./83978/2019allowed

Md. Ashraf @ Manager v. The State Of Bihar

2020-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83978 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- JALE District- Darbhanga ====================================================== Md. Ashraf @ Manager, aged about 45 years, Gender- Male, Son of Hafizur Rahman, Resident of Village-Nagwara, P.S-Katra, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jalley P.S. Case No. 126 of 2019 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Excise and Prohibition Act, 2016. Learned counsel for the petitioner submits that there is recovery of 2.235 liters of foreign liquor from the Maruti Car. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the name has transpired in the present case on the basis of confessional statement of co-accused Pankaj Ram. He further submits that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.83978 of 2019(2) dt.14-02-2020 2/2 In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs.500/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of A.D.J.II cum Special Judge (Excise), Darbhanga in connection with Jalley P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T