Mubarik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39009 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

MUBARIK Son of Magara Resident of Village - Udaka, P.S.- Kama, District - Bharatpur (Rajasthan).

2.

Bishnu Chaudhary Son of Chali Ram Chaudhary Resident of Village - Mahender Nagar, P.S.- Jiwaraka, District - Kanchanpur (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioners seek bail in Saraiya P.S. Case No. 112 of 2021, registered for the offence punishable punishable under Sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act. 1695.600 litres of foreign liquor has been recovered from a truck of which these petitioners were driver and cleaner. It is submitted that no recovery has been made from conscious possession of the petitioners. Petitioners were simply

Patna High Court CR. MISC. No.39009 of 2021(2) dt.01-10-2021 2/2 driving the vehicle at the instruction of owner and were not aware about the nature of consignment. Petitioners are in custody since 09.02.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Saraiya P.S. Case No.

112 of 2021, subject to following conditions:- (i) The petitioners 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, their bail bond shall be liable to be cancelled by the court below. (ii) If the petitioners tamper 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 petitioners.