Asgar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25270 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== ASGAR Son of Anish Resident of Village- Chakka Pidi, P.S.- Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner, who is in custody since 18.09.2019 has renewed his prayer for bail in connection with Dumariyaghat P.S. Case No.191 of 2019, having earlier been rejected by order dated 11.12.2019 in Cr. Misc. No. 71086 of 2019 for the alleged offences under Sections 272/273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 1583.28 litres of foreign liquor and 36 litres of beer from the truck. It is submitted that co-accused Sonu, owner of the truck in question,

Patna High Court CR. MISC. No.25270 of 2020(2) dt.20-01-2021 2/2 has since been granted bail in Cr. Misc. No. 21259 of 2020. It is submitted that the petitioner has already suffered about one and half years in custody, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 18.09.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge-cumSpecial Judge, Excise Act, East Champaran, Motihari in connection with Dumariyaghat P.S. Case No. 191 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T