Md. Esrafeel @ Md. Nazim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21860 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- DEODHA District- Madhubani ====================================================== Md. Esrafeel @ Md. Nazim Son Of Taslim Mansur @ Md. Taslim R/O Village- Mahinathpur, Ward No.-04, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Deodha P.S. Case No. 61 of 2021 registered for the offence under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018 The accused/petitioner is named in the F.I.R. and is in custody since 14.06.2021.
The allegation against the petitioner is to have in possession of 180 liters of Nepali liquor.
Learned counsel appearing on behalf of the petitioner submitted that recovery is not made from the conscious physical
Patna High Court CR. MISC. No.21860 of 2022(2) dt.22-07-2022 2/3 possession of the petitioner and nothing surfaced during the course of investigation, which may connect the petitioner with the alleged recovery of illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that recovery is not from the physical possession of the petitioner. Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Deodha P.S. Case No. 61 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani/concerned Court, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically
Patna High Court CR. MISC. No.21860 of 2022(2) dt.22-07-2022 3/3 present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(ii) That one of the bailors shall be Ajima Khatoon, who is the mother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T