Md. Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47984 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Firoj S/O Md Muslim R/O Village- Madhu Chowk, P.S. Barari, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 02.06.2023, in connection with Kotwali (Barari) P.S. Case No. 463 of 2023, F.I.R. dated 19.05.2023 registered for the offences punishable under Sections 30(a), 32(i)(ii) 41 of the Bihar Prohibition and Excise Act.

3. The case relates to recovery of 6 bottles each bottle containing 375 ml, 48 bottles each bottle containing 375 ml and 13 bottles each bottle containing 375 ml make of different companies of Indian made foreign liquor from a Tempo.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.47984 of 2023(2) dt.07-08-2023 2/3 from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the Tempo in question and there is non compliance of Section 100 of the Cr. P.C. He further submits that the petitioner has no concern at all with the alleged recovery of illicit liquor or the Tempo in question and the petitioner is in custody since 02.06.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioner and having clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 463 of 2023, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.47984 of 2023(2) dt.07-08-2023 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T