Afazal Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64803 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -IMAMGANJ District- GAYA ======================================================
1. Afazal Ali S/o late Habbib Ali Resident of Village-Jolha Tetariya Ghorighat, P.S. Pratap Pur, District- Chatra, Jharkhand. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Imamganj, P.S. Case No. 122 of 2018 registered for offences punishable under Sections 30 (a) of the Bihar Excise Prohibition Act, 2016.
Allegation against the petitioner as per F.I.R. is of recovery of 260 liters of Mahua wine from the vehicle of the petitioner and accordingly, a seizure list has been prepared. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case, as he is driver of the vehicle and he has no knowledge of articles, kept in vehicle. It is further submitted that the petitioner has no criminal
Patna High Court Cr.Misc. No.64803 of 2018 (2) dt.29-10-2018 2/2 antecedent and he is in custody since 02.09.2018. Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged 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 Special Excise Judge, Gaya, in connection with Imamganj P.S. Case No. 122 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T