Patna High CourtCR. MISC./46406/2016bail granted

Md. Naushad v. The State Of Bihar

2016-10-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46406 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Md. Naushad, son of Late Murtuza @ Lali Md. Murtuza, resident of village Khirhar, P.S. Khirhar, District Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dinesh Jha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.08.2016 in connection with Maniyari P.S. Case No. 159 of 2016 for the alleged offences under Section 7 of the E.C. Act.

3. It is submitted that the petitioner has been falsely implicated as even according to the seizure list, the recovery has not been made from the vehicle of the petitioner, rather the same has been produced by one Manish Kumar Thakur, who was the owner of the High Speed Diesel (HSD). In any event, it is submitted that the quantity of the HSD barely exceeds the limit of 400 litres which may be freely held. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur in connection with Maniyari P.S. Case No. 159 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.46406 of 2016 (2) dt.24-10-2016 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/BT U T