Abdul Kadir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21553 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- DHAKA District- East Champaran ====================================================== ABDUL KADIR Son of Md. Nurhasan Resident of Village - Sikarganj, P.S. - Sikarganj, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 24.01.2020 in connection with Dhaka P.S. Case No. 40 of 2020 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 230 bottles of 300 ml each of Nepali country-made wine from the motor-cycle of the petitioner. It is submitted that the petitioner has already suffered about six months in custody since 24.01.2020. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

Patna High Court CR. MISC. No.21553 of 2020(2) dt.24-07-2020 2/2

5. Be that as it may and having regard to the period of custody already suffered since 24.01.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge under Excise Act, East Champaran, Motihari in connection with Dhaka P.S. Case No. 40 of 2020, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) HR/Ibrar U T