Parbej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20730 of 2019 Arising Out of PS. Case No.-680 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== PARBEJ ALAM Son of Shekh Shaidullah Resident of Village - Chailaha, P.S.- Banjariya, District - East Champaran at Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 680 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(2) and 41 (i) of the Bihar Prohibited Amendment Excise Act, 2016. Allegation is recovery of 308.820 litres of foreign liquor from the Panchayat Bhawan. Petitioner was not apprehended on the spot. His name was disclosed by the villagers that he was seen near Panchayat Bhawan. Petitioner is in custody since 29.01.2019.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.20730 of 2019(2) dt.03-04-2019 2/3 petitioner has no criminal antecedent and he is in custody since 19.10.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special, Excise Judge, East Champaran at Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 680 of 2018 subject to the conditions that:-

(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 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

Patna High Court CR. MISC. No.20730 of 2019(2) dt.03-04-2019 3/3 bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T