Obed @ Obed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8993 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Obed @ Obed Alam S/O Md. Manjoor R/O Village- Sikatiya, Bairiya, P.SAzamnagar, Distt.- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Azamnagar P.S. Case No.2 of 2024, lodged on 02.01.2024, under Sections 341/323/384/386/307/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act as well as under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, FIR has been lodged against three named accused persons against whom there is an allegation of demanding Rangdari and from the house of the petitioner one liter foreign liquor was recovered from the vehicle kept there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8993 of 2024(2) dt.20-02-2024 2/3 present case is the best example of misuse of power. He submits that the informant and accused are cousin which is very much clear from the content of FIR. Counsel submits that informant is a Sarpanch who has made allegation against his brother that his brother was demanding ransom of Rs.25,000/-. He has filed this case against the petitioner as well as his cousin. Counsel submits that the same type of cases have been filed by him. He is in custody since 03.01.2024 and is accused in three more criminal cases which have been filed at the instance of the informant only, in which he is on bail.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Excise Court No.II, Katihar, in connection with Azamnagar P.S. Case No.2 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of
Patna High Court CR. MISC. No.8993 of 2024(2) dt.20-02-2024 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T