Ajit Kumar Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73059 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- SAKRI District- Madhubani ====================================================== Ajit Kumar Safi son of Mahavir Safi, r/o Village Konar, P.S. Phulparas District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sakari P.S. Case No. 131 of 2018 registered for the offence punishable under Sections 272, 273, 406, 420, 34 of the Indian Penal Code and under Section 30(a), 36, 38(i) 41(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 225 Litre of Nepali Soufi Liquor from the Tempo in which petitioner was travelling. It has been submitted on behalf of the petitioner that he is passenger of the vehicle in question and has been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioner. Petitioners has got no criminal antecedent and is in custody since 04.09.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.73059 of 2018(2) dt.07-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge Excise Act, Madhubani, in connection with Sakari P.S. Case No. 131 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U