Patna High CourtCR. MISC./39157/2024bail granted

Md. Sajjad @ Badsah @ Md Sajjad Alam v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39157 of 2024 Arising Out of PS. Case No.-208 Year-2020 Thana- ARARIA District- Araria ====================================================== Md. Sajjad @ Badsah @ Md Sajjad Alam S/O Late Md Kalam R/O VillageKhuski Bagh, P.S- Sadar, Distt.- Purnea At Present Residing At Mohalla Line Bazar Muzaffar Ahmad Nagar, P.S- K. Hat (sahayak), Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Araria (Bairgacchi) P.S. Case No. 208 of 2020, lodged on 09.03.2020 under Sections 30(a), 38 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner. Total 891 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that nothing has been recovered from the

Patna High Court CR. MISC. No.39157 of 2024(2) dt.30-05-2024 2/3 possession of the petitioner save and except, the co-accused has discloses a mobile number due to which the Investigating Officer has inserted the name of the petitioner in the present case. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are four criminal cases pending against him. The petitioner is in custody since 24.01.2024 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and this aspect must be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1, Araria in connection with Araria (Bairgacchi) P.S. Case No. 208 of 2020, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However, the petitioner shall be granted bail only

Patna High Court CR. MISC. No.39157 of 2024(2) dt.30-05-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Dagrua P.S. Case No. 06 of 2018.

(II)- K.Hat (Sahayak) P.S. Case No. 366 of 2019 (III)- K.Hat (Maranga) P.S. Case No. 927 of 2023. (IV)- Baisi P.S. Case No.95 of 2019.

(Dr. Anshuman, J.) Divyansh/- U T