Akbar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39594 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- HATHUA District- Gopalganj ====================================================== AKBAR ANSARI son of Subhan Ansari @ Sujayat Miyan Resident of Lami Chour, P.S. Bhore, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Rakesh, Advocate For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Hathua PS Case No. 69 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
From behind the seat of the Tempo, 140 liters of illicit liquor has allegedly been recovered.
Learned Counsel for the petitioner submits that the recovery is not from his possession. He has no criminal antecedent. Being driver of the tempo, he has become victim of the circumstances. Petitioner is in custody since 10.8.2020.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.39594 of 2020(2) dt.22-02-2021 2/2 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise, Gopalganj, in Hathua PS Case No. 69 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T