Patna High CourtCR. MISC./49642/2021bail granted

Nafish v. The State Of Bihar

2021-12-21Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49642 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== NAFISH Son of Babu Khan Resident of Village- Bukharipur, P.S.- Adampur, District- Amroha (U.P), At Present Adress- C/o of Munne S/o Sadik, R/o Village- Hasanpur, P.S.- Kotwali, District- Amroha. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Patel For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Durgawati P.S. Case No. 156 of 2021 registered for the offences punishable under Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Amendment Act, 2018.

There is recovery of 2232 litres of illicit liquor from a truck.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence

Patna High Court CR. MISC. No.49642 of 2021(2) dt.21-12-2021 2/3 and he has falsely been implicated in the present case. He further submits that it appears from the FIR itself that nothing has been recovered from conscious possession of the petitioner rather the said recovery has been made from the vehicle in question. Petitioner is in custody since 16.07.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Kaimur at Bhabua in connection with Durgawati P.S. Case No. 156 of 2021, subject to the following conditions:-

1. Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

2. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.49642 of 2021(2) dt.21-12-2021 3/3

3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T