Md. Firoj @ Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32030 of 2020 Arising Out of PS. Case No.-458 Year-2020 Thana- ARARIA District- Araria ====================================================== Md. Firoj @ Md. Firoz Son of Md. Kasim Resident of Village-Islampur, Ward No. 12, P.S.-Jogbani, Dist-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh- Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-12-2020 The office has pointed out several defects to which learned counsel for the petitioner assures that he shall remove the defects within four weeks from the date when Court starts physical function.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 15.06.2020 and seeks bail in connection with Special Case No.490 of 2020 arising out of Forbesganj P. S. Case No.458 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

More than 181 litres liquor was recovered from a

Patna High Court CR. MISC. No.32030 of 2020(2) dt.09-12-2020 2/2 tempo in which petitioner and three others were found sitting. Submission on behalf of the petitioner is that having similar allegation, one co-accused has already been granted privilege of bail and, moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, be released on bail provisionally till four weeks from the date when the Court starts physical function, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Case No.490 of 2020 arising out of Forbesganj P. S. Case No.458 of 2020.

However, it is made clear that if, petitioner removes the defects within the above stated period, the provisional bail shall be deemed to be confirmed.

(Hemant Kumar Srivastava, J) vikash/- U T