Md Jumrati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24029 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Md Jumrati Son of Late Ali Resident of Village - Brahampura Tola, Ward no.05, P.S.- Singhiya, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sadar Circle Excise Case No. 28 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The prosecution story is that, the recovery of 90 liters of foreign liquor made from the dikki of the vehicle. The petitioner is driver of the vehicle.

Learned counsel for the petitioner submits that petitioner is innocent and he is in custody since 09.03.2022, prosecution report/ chargesheet has been filed in this case.

Patna High Court CR. MISC. No.24029 of 2022(2) dt.17-08-2022 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria in connection with Sadar Circle Excise Case No. 28 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.24029 of 2022(2) dt.17-08-2022 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T