Shahbuddin Sekh @ Shahbudhin Sekh @ Shahabudwin @ Shahabudhin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22785 of 2020 Arising Out of PS. Case No.-179 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== SHAHBUDDIN SEKH @ SHAHBUDHIN SEKH @ SHAHABUDWIN @ SHAHABUDHIN, S/o SahajulHaq @ Shahajul Haque @ Shahjul Haq Resident of Village-Jhitkahi @ Zitakahi, P.S.-Dhaka, District-East Champaran (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.A.G.

The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioners and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 30(A) of Bihar Prohibition and Excise Act.

Allegation is recovery of 117 liters of Nepali Saufi wine from the motorcycle of the petitioner.

It has been submitted that petitioners are innocent and have been falsely implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since

Patna High Court CR. MISC. No.22785 of 2020(2) dt.10-09-2020 2/2 09.03.2020 having no criminal antecedent.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Case No. C2/179/20, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitionersshall co-operate in the trial and shall be present 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 bond. (S. Kumar, J) Rajiv/- U T