Shabuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26571 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Shabuddin Ansari Son Of Mushriqul R/O Village- Melaghat Pakaria, P.S.- Khatima, District- Udham Singh, Nagar (UTTARAKHAND). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

From the truck of the petitioner, liquor was recovered and driver and cleaner were apprehended at the spot. Submission is that the petitioner has got no criminal antecedent. Truck is a commercial vehicle and the petitioner had no knowledge about what the driver was carrying on the said vehicle.

Considering lack of direct material against the

Patna High Court CR. MISC. No.26571 of 2021(2) dt.06-12-2021 2/2 petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Muzaffarpur Sadar P.S.Case No.79 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

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

(b) 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. (Birendra Kumar, J) Nitesh/- U T