Md. Nadeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30107 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- BAUSI District- Purnia ====================================================== Md. Nadeem S/O Md. Farooque R/O Village- Deodha, P.S.- Kasba, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Preety Kunwar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Baisi P.S. Case No. 57 of 2021 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and under Sections 30 (a), 41, 47 of the Bihar Prohibition and Excise Act.

On search total 87.300 liters of foreign liquor was recovered by the informant from the two motorcycles.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical

Patna High Court CR. MISC. No.30107 of 2021(2) dt.13-08-2021 2/3 possession of the petitioner rather 27.300 liters of illegal foreign liquor is said to have been recovered from the Honda Motorcycle of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He submits that petitioner is a worker in tailor shop and is returning to home but has been falsely implicated in this case by the police due to suspicion. Petitioner has three criminal antecedents as has been mentioned in para-3 of the present petition and he is languishing in custody since 16.02.2021. Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor Court in connection with Baisi Police Station Case No. 57 of 2021 subject to following conditions:

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform

Patna High Court CR. MISC. No.30107 of 2021(2) dt.13-08-2021 3/3 the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/- (Rupees Ten Thousand) in the PM Cares fund.

(Anjani Kumar Sharan, J) GAURAV S./- U T