Patna High CourtCR. MISC./5387/2023bail granted

Md. Nasim @ Nasim v. The State Of Bihar

2023-05-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5387 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== MD. NASIM @ NASIM S/O NIYAZ ALI Resident of Village- Kachri Basti, Padampur Ward No.- 12, P.S.- Dighalbank, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kishanganj Utpad P.S. Case No. 339 of 2022, registered for the offences punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Amendment Act, 2018. As per allegation, the police intercepted the white colored Scorpio of the petitioner and 130.560 liters of illicit foreign liquor was recovered from that vehicle. The learned counsel for the petitioner has submitted that he is a person of clean antecedent and is under custody since 29.11.2022. He is merely the driver of that vehicle. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.5387 of 2023(3) dt.01-05-2023 2/2 circumstances especially the clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV-cum-Exclusive Special Judge (Excise)-2, Kishanganj in connection with Kishanganj Utpad P.S. Case No. 339 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Kundan U T