Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11733 of 2019 Arising Out of PS. Case No.-566 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== MD. ALAM Son of Md. Diljan Kujra aged about 35 years Gender-Male Resident of Village - Bataganj Navtolia, P.S.- Bahera, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a), 32(3) and 41(1) of Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1476 Litre of Nepali Liquor from the Pickup Van on which petitioner was sitting.

Patna High Court CR. MISC. No.11733 of 2019(2) dt.14-03-2019 2/3 It has been submitted on behalf of the petitioner that he is a labourer and was engaged by the Pick-up Van owner for which he was paid by the owner. It has been further submitted that petitioner was not aware that the illicit liquor was loaded on the said Pick-up Van. Petitioner has got no criminal antecedent and is in custody since 28.12.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bahera P.S. Case No. 566 of 2018, with following 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 properly 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

Patna High Court CR. MISC. No.11733 of 2019(2) dt.14-03-2019 3/3 bail bond.

(S. Kumar, J) ranjan/- U