Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52144 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== Md. Shahid S/O Late Md. Hanif Resident Of Sokahara 2, Ward No. 1, P.S.- Fulwariya, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Sinha, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant is accused in Crime No. 110 of 2021 registered with Phulwaria Police Station for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

According to the prosecution case, on the basis of suspicion a tempo came to be stopped and it was inspected. The applicant was driving that tempo which was found to be containing 118 liters of Indian Made Foreign Liquor. It is reported that applicant is not having any criminal antecedent. Investigation of the subject crime is over.

Patna High Court CR. MISC. No.52144 of 2021(2) dt.01-04-2022 2/3 The applicant was the driver of the tempo. Hence, I see no reason to refuse bail to him and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 110 of 2021 registered with Phulwaria Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of 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/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this 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.

Patna High Court CR. MISC. No.52144 of 2021(2) dt.01-04-2022 3/3 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) Mkr./- U T