Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29388 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- JALE District- Darbhanga ====================================================== AFTAB ALAM Son of Late Subham Nadaf Resident of Village - Gauri, P.S. - Nanpur, District - Sitamarhi.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-10-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Jale P.S. Case No. 03 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. He is in custody since 10.02.2021 having one criminal antecedent as stated in paragraph '3' of the application in which he is on bail. As per the prosecution story, the informant alleged that while he was on patrolling duty along with other police personnel, he saw black colour car and a motorcycle were coming, he tried to stop them but they did not stop. The
Patna High Court CR. MISC. No.29388 of 2021(2) dt.28-10-2021 2/3 informant further alleged that he overtook the vehicles near railway line, but the persons present in the vehicles were fled away leaving their vehicles and on search of the vehicles total 173.16 liters foreign liquors were recovered and seized. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, name of the petitioner has transpired in this case on the basis of his own confessional statement extracted in police custody, however petitioner is in custody since 10.02.2021.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the name of the petitioner has transpired in this case on the basis of his confessional statement extracted in police custody, recovery is of 173.16 liters from the vehicles and it is contended that said vehicles does not belong to the petitioner, petitioner has got one criminal antecedent in which he is said to be on bail, investigation against him is complete, but the trial is not likely to take place in near future, this court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.29388 of 2021(2) dt.28-10-2021 3/3 satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge (Excise), Darbhanga, in connection with Jale P.S. Case No. 03 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.