Saddam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54612 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Saddam Ansari Son Of Late Vajir Miyan Resident Of Vill - Tetariya Dhup Sah Ps - Kateya Distt- Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2022 Heard both the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Kateya P.S. Case No.392 of 2020 instituted for the offences under Sections 30(a) of Bihar Excise Amendment Act, 2018.
Learned counsel for the petitioner submits that neither the petitioner was present at the sight nor the liquor has been recovered from him or from his vehicle. Prima facie no case under section 30(A) of the Excise Act is made out against the petitioner.
Taking into consideration that exfacie no case under section 30(A) of the Bihar Prohibition and Excise Act is made out against the petitioner, I am inclined to grant
Patna High Court CR. MISC. No.54612 of 2021(2) dt.23-02-2022 2/3 anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-
1. The applicant, namely, Saddam Ansari shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.
2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.
3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,
4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
5. The applicant shall not leave the territory of Gopalganj without prior permission of the court, till trial is over;
6. The applicant shall maintain law and order;
7. The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the
Patna High Court CR. MISC. No.54612 of 2021(2) dt.23-02-2022 3/3 investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;
8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;
9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) amit/- U T