Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38011 of 2022 Arising Out of PS. Case No.-05 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== Md. Akbar Son of Md. Ishakh R/o Village- Bangaon, Kariaut, P.S.- Laukahi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Laukahi P.S. Case No. 05 of 2020 lodged under Sections 272, 273, 414 and 34 of the I.P.C.

As per the prosecution case, total recovery of excise material in the present case is 918 litres Nepali country made wine made from the vehicle of the petitioner. Learned counsel for the petitioner submits that petitioner was not present on the vehicle. He is in custody since 12.04.2022 having one criminal antecedent in the same Police Station and charge sheet has already been filed in this case.

Patna High Court CR. MISC. No.38011 of 2022(2) dt.27-08-2022 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with Laukahi P.S. Case No. 05 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.38011 of 2022(2) dt.27-08-2022 3/3 bail bond.

With this observation, the bail application stands allowed.

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