Mustak Ali @ Md. Mustak Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1975 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== MUSTAK ALI @ MD. MUSTAK ALI Son of Tahir Miya R/V- Barahi, P.SRiga, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Riga P.S. Case No. 98 of 2022 30(a)/38/41 of Bihar Prohibition and Excise Act.

As per the prosecution story, the police upon secret information raided a place near river and 29.1 liters of Nepali Saufi liquor was recovered/seized.

Accordingly, the FIR.

Learned counsel for the petitioner submits that the recovery is from an open place and not from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.1975 of 2023(2) dt.10-02-2023 2/3 Considering the aforesaid facts as also he do not have criminal antecedent, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.II, Sitamarhi, in connection with Riga P.S. Case No. 98 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the conditions as follows: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.1975 of 2023(2) dt.10-02-2023 3/3 attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T