Md. Parvez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5953 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- HATHIDAH District- Patna ====================================================== Md. Parvez, aged about 31 years, Gender- Male, Son of Md. Hasan Jaan Resident of village -Mankauli, Naya Tola, Ward No.-13, P.S.-Sindhwara District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anis Akhtar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 11933 of 2018, arising out of Hathidah P.S. Case No. 93 of 2018, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 230 liters of Officer Choice Whiskey from the Tempo of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is the driver of the tempo and he had no knowledge about the illicit liquor kept in

Patna High Court Cr.Misc. No.5953 of 2019(2) dt.07-02-2019 2/2 his tempo. Petitioner has no criminal antecedent and is in custody since 17.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sepcial Judge Excise, Patna, in connection with Special Case No. 11933 of 2018, arising out of Hathidah P.S. Case No. 93 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T