Patna High CourtCR. MISC./15203/2022bail granted

Md. Jaseem v. The State Of Bihar

2022-03-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15203 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- KURSAKANTA District- Araria ====================================================== MD. JASEEM Son of Md. Azeem Resident of village - Garaiya, Ward No.- 2, P.S.- Kursakanta (Kuwari O.P.), District - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anamul Haque, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

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

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 33111 of 2021 which was rejected on 06.08.2021.

Allegation is recovery of 89.4 litres Nepal liquor and 12 litres Nepali beer from a sack which was tied on the motorcycle of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in

Patna High Court CR. MISC. No.15203 of 2022(2) dt.30-03-2022 2/2 custody since 20.02.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kursakanta (Kuwari O.P.) P.S. Case No. 45/2021 (Excise cum Spl. Case No. 198 of 2021) with following conditions:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioner shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(3) 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 bail bonds.

(S. Kumar, J) Rajiv/veenaU T