Md.Rahil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14702 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- RAUTA District- Purnia ====================================================== Md.Rahil Ansari, Son of Md. Sabir Ansari, R/o village - Routa Chowk, P.S. - Routa, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Routa P.S. Case No.96 of 2020/Special Excise Case No.508 of 2020 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.14702 of 2021(2) dt.24-07-2021 2/3 Since 27.11.2020, the petitioner is in custody for alleged recovery of 84.240 litres illicit liquor from the vehicle which he was driving.

Mr. N.K. Agrawal, learned Senior Counsel appearing for the petitioner submits that being a Driver, the petitioner was lending his service on remuneration and was oblivious of the contents of the contraband which has allegedly been seized from the vehicle.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise,I/C, Purnea, in connection with Rauta P.S. Case No.96 of 2020/Special Excise Case No.508 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.14702 of 2021(2) dt.24-07-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T