Patna High CourtCR. MISC./6581/2022bail granted

Md. Islam v. The State Of Bihar

2022-05-25Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6581 of 2022 Arising Out of PS. Case No.-117 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== MD. ISLAM SON OF MD. USMAN R/O VILLAGE- MAIL, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Ganga Bridge P.S.Case No. 117 of 2020.

As per FIR, the police got a confidential information that English wine was being unloaded from a truck. The police party went there and saw that cartons of illicit liquor were being

Patna High Court CR. MISC. No.6581 of 2022(2) dt.25-05-2022 2/3 loaded on a pick-up van and also on one Maruti van. Having seen the police party, the miscreants became successful in fleeing away. 3698.250 litres of liquor was recovered from the place of occurrence.

The learned counsel for the petitioner has submitted that the petitioner was owner of pick-up van, but prior to lodging of the case, he had sold away his pick-up van to one Ramesh Rai on 27.09.2020. He has submitted further that the petitioner is a person of clean antecedents and he is in custody since 31.10.2021.

Considering the above facts and circumstances, 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 Exclusive Special Excise Court-1-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S.Case No. 117 of 2020, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the

Patna High Court CR. MISC. No.6581 of 2022(2) dt.25-05-2022 3/3 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.

3. The bail bond shall be accepted only after verification of the criminal antecedents of the petitioner.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T