Md. Sahid @ Sahid Pradhan @ Sahid Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4708 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MD. SAHID @ SAHID PRADHAN @ SAHID REZA SON OF LATE MD. DIN ALI @ LATE MD. ALI RESIDENT OF DHANIGACHH, SONAPUR, POLICE STATION- CHOPRA, DISTRICT- UTTAR DINAJPUR (WEST BENGAL) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 271 of 2021 (Special Case No. 436 of 2021) registered for the offence under Sections 272 and 273 of the IPC and Section 30(a), 32(2)(3), 33, 41 and 47 of the Bihar Prohibition and Excise Act, 2018 The petitioner is not named in the FIR and is in custody since 22.10.2021.

The accusation against the petitioner is to involved in manufacturing and selling of illicit liquor, wherein, total of

Patna High Court CR. MISC. No.4708 of 2022(2) dt.20-06-2022 2/3 900 litre of illicit spirit was recovered.

Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of self confessional statement while in judicial custody in Kochadhaman P.S. Case No. 271 of 2021. It is further submitted that alleged illicit spirit has not recovered from the physical or conscious possession of the petitioner. Learned Senior counsel, Sri Ramakant Sharma, appearing on behalf of the petitioner submitted that the petitioner involved in other 10 cases on the basis of self confessional statement and in all the cases, the petitioner is on bail. It has further submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.

APP appearing on behalf of the State while opposing the prayer for bail fairly conceded the fact that alleged recovery has not been made from the physical or conscious possession of the petitioner, but, raised his concern about criminal antecedent as mentioned in paragraph no.3 of the bail petition.

Patna High Court CR. MISC. No.4708 of 2022(2) dt.20-06-2022 3/3 petitioner, above named, is directed to be released on bail in connection with Kochadhaman P.S. Case No. 271 of 2021 (Special Case No. 436b of 2021) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-III-cum-Special Judge (Excise), Kishanganj subject to the following conditions:

"(i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (ii) Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents. (iii) That one of the bailors shall be nephew of the petitioner, namely, Md. Faruk, S/o of Md. Nijamuddin, who is the deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T