Patna High CourtCR. MISC./29983/2020bail granted

Abdur Rahman v. The State Of Bihar

2020-11-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29983 of 2020 Arising Out of PS. Case No.-519 Year-2020 Thana- ARARIA District- Araria ====================================================== ABDUR RAHMAN, Son of Late Fakhrul Hassan @ Md. Fakhrul, Resident of Village- Gaiyari, Moulvi Tola, Ward No.12, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Pushpa Sinha-2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 9 liters of Eskuf syrup has been recovered from the motorcycle of the petitioner. It is submitted by learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner. It is stated by learned counsel for the petitioner in paragraph 3 of the bail petition that petitioner has got no criminal antecedent. Petitioner is in custody since 04.07.2020. Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.29983 of 2020(2) dt.23-11-2020 2/2 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 the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Araria in Special Case No. 544 of 2020 arising out of Araria (Bairgachhi) Police Station Case No. 519 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Ankit/- U T