Mithun Shaikh @ Md. Mithun Shaikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4848 of 2025 Arising Out of PS. Case No.-276 Year-2024 Thana- BELHAR District- Banka ====================================================== MITHUN SHAIKH @ MD. MITHUN SHAIKH S/o KARIM MIYAN RESIDENT OF VILLAGE- GORGAMA, PS- BELHAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Singh, Advocate For the Opposite Party/s:

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard Mr. Om Prakash Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner seeks for bail in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. Altogether 76 liters of country made liquor is said to have been recovered from the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. His name

Patna High Court CR. MISC. No.4848 of 2025(2) dt.21-02-2025 2/3 transpired in the case only on the basis of suspicion. Petitioner has eight criminal antecedent out of which four are in similar nature of offence and he has been in judicial custody since 02.12.2024.

5. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, Patna, bearing Account No.7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Belhar P.S. Case No.276 of 2024, 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. He will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will

Patna High Court CR. MISC. No.4848 of 2025(2) dt.21-02-2025 3/3 inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the Lawyer's Association Welfare Benevolent Fund, Patna.

(Anjani Kumar Sharan, J) shikha/- U T