Md. Rojid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78069 of 2018 Arising Out of PS. Case No.-369 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Md. Rojid S/o Late Md. Kasim, R/o Vill.- Madhopur, Digharua, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Aadv.

For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Tajpur P.S. Case No. 369 of 2018 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a), 41(1), 41(2) of Bihar Prohibition and Excise Act, 2016.

As per FIR, total 690 liters of English wine was recovered from Paigamberpur Kabristan and Lichi Garden and petitioner was apprehended when he was fleeing away on seeing police party.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the

Patna High Court Cr.Misc. No.78069 of 2018(2) dt.08-01-2019 2/2 conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 15.10.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-3rd-cum-Special Judge, Excise Act, Samastipur, in connection with Tajpur P.S. Case No. 369 of 2018, subject to 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 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 offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T