Md. Gaffar @ Md. Gafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52650 of 2021 Arising Out of PS. Case No.-527 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Md. Gaffar @ Md. Gafar, S/O Md. Samasudin @ Samasudin Mian, Resident of Village - Gijas Kasba, P.S. Saraiya (Jaitpur o.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant/accused in Crime No. 527 of 2021 registered with Saraiya (Jaitpur O.P.) Police Station for the offences punishable under Sections 272 and 273 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

Indisputably the applicant is not having any criminal antecedent.

According to the prosecution case, during search of the house of the applicant it was found to be containing 40 litres of country made liquor.

The applicant has already undergone pretrial detention from the registration of the subject crime, hence I see

Patna High Court CR. MISC. No.52650 of 2021(2) dt.01-04-2022 2/3 no reason to refuse bail to him. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 527 of 2021 registered with Saraiya (Jaitpur O.P.) 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 trail 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.

The applicant to remove all office objections

Patna High Court CR. MISC. No.52650 of 2021(2) dt.01-04-2022 3/3 forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

Bhardwaj/- (A. M. Badar, J) U T