Md. Raju @ Md. Mumtaj Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8936 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MD. RAJU @ MD. MUMTAJ HASAN, aged about 30 years, Male, Son of Mohammad Mohid @ Md. Mahmood Alam Resident of Ishapur Narahpar, P.S.-Phulwari, Distrit- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv For the Opposite Party/s :

Mr.Ajay Kumar-2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a), 32 (3) and 47 of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 481.320 liters of illicit liquor from Sumo vehicle.

It has been submitted on behalf of the petitioner that the actual culprits is driver and others who were on the vehicle managed to escape and petitioner was apprehended on suspicion. He has no concerned with either the vehicle or the illicit liquor. Petitioner has no criminal antecedent and is in custody since 19.01.2019.

Patna High Court CR. MISC. No.8936 of 2019(2) dt.12-03-2019 2/2 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 court below where the case is pending in connection with P.R. No. 228 of 2019, Special Case no. 762 of 2019, 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