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Patna High CourtCR. MISC./48075/2021bail granted

Salman Khan v. The State Of Bihar

2022-04-01Mr. Justice A. M. Badar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48075 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== SALMAN KHAN S/o SRI MD. RAIS R/o GARWARIPUR, GARWARA, P.S.- ANTU, DISTRICT-PRATAPGARH (U.P).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ishityaque Ahmad, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant/accused in Crime No.07 of 2021 registered with Police Station-Bahadurganj for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 35, 36, 41 of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail during the pendency of the trial.

Heard both sides.

According to the prosecution case, the truck bearing Registration No.MH43Y-8564 driven by the applicant was found to be containing 1854 liters of Indian Made Foreign Liquor. The applicant was arrested thereafter. The investigation of the subject crime is over Along with the truck driven by the applicant, other trucks were also accosted and their drivers were also arrested in the

Patna High Court CR. MISC. No.48075 of 2021(3) dt.01-04-2022 2/3 same crime. Those are reported to be released on bail. The applicant is stated to be having no criminal antecedents. Hence, I see no reason to refuse bail to the applicant. Therefore, the following orders:

(i). The application is allowed.

(ii). The applicant/accused in Crime No.07 of 2021 registered with Police Station-Bahadurganj for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 35, 36, 41 of the Bihar Prohibition and Excise Act, 2016, be released on bail on executing P.R. bond of Rs.25000/-(Rupees Twenty Five Thousand) and on furnishing two local sureties of the like amount to the satisfaction of the trial court with the following conditions: (I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not contact the members of the prosecuting party as well as witnesses in this

Patna High Court CR. MISC. No.48075 of 2021(3) dt.01-04-2022 3/3 case in any manner till conclusion of the trial. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T