Aakil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21538 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Aakil Khan Son Of Fajruddin Khan @ Fajru Resident Of Village - Palla, P.S. - Luhu, Distt. - Mewat (NUH), State - Haryana 2.

Nasir Khan @ Naasir Khan Son Of Fajruddin Khan @ Fajru Resident Of Village - Palla, P.S. - Luhu, Distt. - Mewat (NUH), State - Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-05-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.

The petitioners seek bail in connection with Kalyanpur P. S. Case No. 108 of 2021 (Registration No. 532 of 2021), registered for the offences punishable under Sections 30(a), 41(i)(ii) and 47 of the Bihar Prohibition and Excise (Amendment) Act.

As per allegation, 6085.440 litres of liquor was recovered from a truck bearing Registration No. RJ09 GB2285. Ld. counsel for the petitioners submits that the

2/4 petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He also submits that the petitioner no. 1 is the driver and petitioner no. 2 is the cleaner of the said truck and they were not aware of the contents of the material loaded in the truck as they were working on the instruction of their owner. He further submits that the petitioners have been languishing in jail since 12.05.2021.

It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedents.

It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail

3/4 bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Special Excise Court -I, Samastipur, in connection with Kalyanpur P. S. Case No. 108 of 2021 (Registration No. 532 of 2021) on the following conditions:

(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.

(ii) The petitioners will undertake that investigation/trial will not get hampered on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners

4/4 after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

(vi) In case, the petitioners repeats offence of similar nature after enlargement on bail, their bail-bonds will be cancelled by the court below.

Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T