Ajid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9536 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Ajid Ansari, Son of Razid Miyan, 2.

Monazir Ansari, Son of Wazir Ansari, 3.

Asiq Ansari, Son of Hussain Miyan, All are residents of Village- Nawadih, P.S.- Hanterganj, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioners seek bail in connection with Excise Case No. 14 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The prosecution case is that the police intercepted a car on secret information and on its search, total 198 liters of

Patna High Court CR. MISC. No.9536 of 2022(2) dt.15-07-2022 2/3 country made liquor was recovered. The petitioners were apprehended from the car.

The learned counsels for the petitioners submits that petitioners are innocent and they have been falsely implicated in this case. From the FIR, it is also clear that the petitioners are driver, cleaner and helper of the seized vehicle and they have no knowledge about the liquor kept in the vehicle. Nothing incriminating has been recovered from the conscious possession of the petitioners. The charge sheet has been submitted and they are in custody since 09.01.2022 and are having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the charge-sheet has been submitted in this case and further considering the period of custody of the petitioners, they are directed to 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 of learned Exclusive Excise Court No. 3, Gaya in connection with Excise Case No. 14 of 2022, subject to the following conditions :

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.9536 of 2022(2) dt.15-07-2022 3/3 the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T