Hasnain @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24292 of 2020 Arising Out of PS. Case No.-331 Year-2019 Thana- PALASI District- Araria ====================================================== HASNAIN @ BABLOO S/o Amin @ Ajim Resident of Village- Mohania, P.S.- Palasi, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner seeks bail in Palasi P.S. Case No. 331 of 2019 corresponding to Special Case No. 1308 of 2019, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 94.500 litres of cough syrup is said to have been recovered from the house of co-accused Baddu. It is further alleged that two persons managed to flee away from the spot. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from

Patna High Court CR. MISC. No.24292 of 2020(2) dt.24-09-2020 2/2 conscious possession of this petitioner. Recovery has been made from the house of co-accused Baddu. Charge sheet has already been submitted. Petitioner is in custody since 17.04.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Palasi P.S. Case No. 331 of 2019 corresponding to Special Case No. 1308 of 2019. subject to following conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T