Md. Moinuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24027 of 2021 Arising Out of PS. Case No.-990 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MD. MOINUDDIN SON OF ABDUL QAYUM R/O VILLAGE- DIHULI ISHHAK, P.S.- SAKRA, DISTRICT- MUZAFFARPUR.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Dilip Kumar Roy, Advocate.

For the State :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 20-12-2021 The applicant/accused in Crime No.990 of 2020 registered with Police Station-Ahiyapur for the offences punishable under Sections 272, 273 read with Section 34 of the Indian Penal Code as well as under Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail during the pendency of the trial. The applicant is behind the bars from 31.12.2020. Heard both sides.

It is pointed out by the learned counsel appearing for the applicant that in all four four wheeler vehicles came to be seized with spirit and other co-accused namely Devendra Paswan, Chandan Kumar, Abhishek Kumar and Rakesh Kumar are already directed to be released on bail by the coordinate Benches of this Court vide orders dated 29.04.2021, 20.09.2021

Patna High Court CR. MISC. No.24027 of 2021(2) dt.20-12-2021 2/3 and 05.07.2021. It is further pointed out that co-accused Sanjay Kumar is also directed to be released on bail by the coordinate Bench of this Court vide order dated 24.07.2021. The applicant was driver of car in which 20 liters of spirit was found.

On the principle of parity as co-accused with similar allegations are already released on bail, the following orders: (i). The application is allowed.

(ii). The applicant/accused in Crime No.990 of 2020 registered with Police Station-Ahiyapur for the offences punishable under Sections 272, 273 read with Section 34 of the Indian Penal Code as well as under Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016, be released on bail on executing P.R. bond of Rs.20000/-(Rupees Twenty Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:

(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in

Patna High Court CR. MISC. No.24027 of 2021(2) dt.20-12-2021 3/3 expeditious disposal of the trial against him. (III). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) P.S./- U T