Md. Ishlam @ Md. Islam Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15095 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== 1.

MD. ISHLAM @ MD. ISLAM NADAF S/o Md. Navijan R/o villageMauahi, P.S.- Rajnagar, Distt.- Madhubani. 2.

Md. Chand S/o Md. Hakim R/o village- Mauahi, P.S.- Rajnagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Khajauli P.S. Case No. 213 of 2020 registered for the offence punishable under Sections 272, 273, 414, 34 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 378 litres of Nepai liquor from the Tata Safari Vehicle and petitioners were arrested who were sitting in vehicle.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case

Patna High Court CR. MISC. No.15095 of 2021(2) dt.26-03-2021 2/3 due to suspicion. Nothing was recovered from their conscious possession. Petitioners have no criminal antecedents and they are in custody since 18.10.2020.

Considering the aforesaid facts and circumstances of the case, let petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Madhubani, in connection with Khajauli P.S. Case No. 213 of 2020 subject to the conditions that:- ((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 represented on each and every date fixed by the court.

(3) If petitioners 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 petitioners.

(4) If petitioners are found involved in similar nature of offences, after their release on

Patna High Court CR. MISC. No.15095 of 2021(2) dt.26-03-2021 3/3 bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) veena/rajivU T