Anwar Nat @Md. Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41638 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== Anwar Nat @Md. Anwar Son Of Late Hadish Nat Village- Islampur, PsJhanjharpur, Dist- Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Jhanjharpur P.S. case No. 63 of 2024 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 59.565 liters liquor was recovered from the motorcycle and the name of the petitioner transpired on the basis of disclosure made by local Chowkidar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered
Patna High Court CR. MISC. No.41638 of 2024(2) dt.19-06-2024 2/3 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the motorcycle from which recovery is made does not belong to the petitioner. The petitioner is in custody since 15.05.2024 and has nine criminal antecedents. There is no compliance of Section 100 of Cr.P.C.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jhanjharpur P.S. case No. 63 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.41638 of 2024(2) dt.19-06-2024 3/3 (III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T