Md. Abdulla @ Abdul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6673 of 2023 Arising Out of PS. Case No.-237 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== MD. ABDULLA @ ABDUL S/O MD. ALI HUSSAIN Resident of villageParwal, P.S.- Bhej, District- Madhubani, At present E- 383, J.J. Colony, Bawana P.S - Bawana, District- Delhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Mohania P.S. Case No. 237 of 2021, registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code and Section 30(a), 36, 41 (I) of Bihar Prohibition and Excise (Amendment) Act, 2018. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He was the owner of the truck wherefrom huge quantity of liquor is alleged to be recovered. He has submitted further that prior to this occurrence, the bank, which sanctioned the loan against the truck, had lifted it as the installment of loan was not paid and it

Patna High Court CR. MISC. No.6673 of 2023(2) dt.10-05-2023 2/2 was auctioned by the bank to one Brajesh Kumar. The petitioner is a person of clean antecedent and is under custody since 20.12.2022, without any fault.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-cum-A.D.J.-IV, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 237 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the 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.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T