Md. Aazam @ Md. Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23084 of 2024 Arising Out of PS. Case No.-285 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== MD. AAZAM @ MD. AZAM S/O- KALAM UDDIN R/O- VILLAGEKURSAKANTA, WARD NO.- 5, P.S.- KURSAKANTA, DIST.- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kursakanta P.S. Case No. 285 of 2023 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 110 liters of illicit liquor has been recovered from one Alto Car.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovered liquor. As submitted by learned counsel for the petitioner that petitioner has no any concern with the seized

Patna High Court CR. MISC. No.23084 of 2024(2) dt.21-03-2024 2/3 vehicle. Nothing incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 17.12.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Araria in connection with Kursakanta P.S. Case No. 285 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on furnishing bail bond with further condition that one of the bailors must be close relative of the petitioner and the petitioner have to present physically on each and every date before the Trial Court till conclusion of trial and if

Patna High Court CR. MISC. No.23084 of 2024(2) dt.21-03-2024 3/3 the petitioner would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) lata/- U T