Patna High CourtCR. MISC./6257/2018bail granted

Md. Ali v. The State Of Bihar

2018-02-01Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6257 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6257 of 2018 Arising Out of PS.Case No. -927 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Ali, Son of Nur Mohamad, Resident of Village Banke Sah Chouk, P.S. Town, District- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/s Kumari Vandana, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.12.2017 in connection with Town P.S. Case No. 927 of 2017 for the offences alleged under Sections 401, 272, 273 of the Indian Penal Code 30(a), 38(2) and 41 of the Bihar Prohibition & Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 43 litres of English wine. It is submitted that recovery has been made from a Tempo with which the petitioner has no connection. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.6257 of 2018 (2) dt.01-02-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Town P.S. Case No. 927 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T