Patna High CourtCR. MISC./15857/2021bail rejected

Aftab Ansari v. The State Of Bihar

2021-03-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15857 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== 1.

Aftab Ansari S/O Ayub Ansari @ Ayub Miyan R/O Village Koradih (Nokadih) P.S-Rajdhanawar, District-Giridih, State-Jharkhand. 2.

Zahid Ansari S/O Jakir Ansari R/O Village Koradih, P.S- Rajdhanawar, District-Giridih, State-Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-03-2021 Heard learned counsel petitioners as well as learned APP for the State.

Petitioners who are in custody seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. Allegation is recovery of total 144 litres of illicit liquor from the vehicle which was driven by the petitioner. Having regard to the nature of accusation, I am not inclined to grant bail to the petitioners at this stage. However, it is observed that after serving six months in jail custody the petitioners named above be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.15857 of 2021(2) dt.16-03-2021 2/2 of learned court below where the case is pending, in connection with Sono (Bariya Excise Bairiyar) Excise P.S. Case No.05C2/2021, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners. (4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Prakash Narayan /- U T