Md. Meraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23196 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Md. Meraz Son of Md. Seraj Resident of Belbanawa, P.S.- Town Motihari, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Excise Case No. 102 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per F.I.R., 96 liters of foreign liquor is said to have been recovered from the dickey and middle seat of Swift Desire Car, bearing Reg. No. BR06AT-4292, and owner as well as driver (petitioner) were arrested on the spot. It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated. In fact, nothing has been recovered from the conscious possession of the petitioner. In this case, Section 100 Cr.P.C. has not been followed with

Patna High Court CR. MISC. No.23196 of 2020(2) dt.09-09-2020 2/2 respect to search and seizure. The petitioner is in custody since 20-05-2020, having no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - 2nd, Gopalganj in connection with Excise Case No. 102 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.". (Prabhat Kumar Singh, J.) anay U T