Md Parvez Alam @ Parwej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20476 of 2025 Arising Out of PS. Case No.-230 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Md Parvez Alam @ Parwej Alam Son of Aminuddin Resident of VillageHaddigodam, P.S. and Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 230 of 2024 for the offence under sections 274 and 275 of the B.N.S. and Sections 30(a) and 37 of the Bihar Prohibition & Excise Act lodged on 23.11.2024 by the informant, Sagir Ahmad.
3. As per the prosecution story, the informant alleged that a Scorpio was intercepted and Mohd. Idris was arrested. The recovery/seizure is 18.5 liters of foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he owns the Scorpio which was given to Mohd. Sujjuddin for taking it to attend a family marriage little realising that the
2/4 same is being used for carrying liquor, he has no criminal antecedent and the last submission is that without accepting the allegation and/or the outcome of the present case, the petitioner intends to contribute Rs. 10,000/- to the District Legal Services Authority, Jamui for beautification/putting up flower pots in the Civil Court Campus of Jamui Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer submitting that he owns the Scorpio.
6. Taking into account the submissions of the parties as also that the petitioner owns the vehicle, recovery/seizure is from Md. Idris and he do not have any criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- to the District Legal Services Authority, Jamui for beautification/putting up flower pots in the Civil Court Campus of Jamui Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Jamui.
7. Let the petitioner be released on bail in the event
3/4 of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui/concerned Court in connection with Chakai P.S. Case No. 230 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. A copy of the order be sent to the Principal District and Sessions Judge, Jamui for his/her perusal and needful.
(Rajiv Roy, J) Adnan/- U T