Md. Mumtaz @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54356 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- PUSA District- Samastipur ====================================================== MD. MUMTAZ @ MONU S/O LATE MD. GULJAR R/o village- Maidapur Chhapra, P.S.- Pusa, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Prakash Poddar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Pusa P.S. Case No.53 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 117.90 litres of foreign liquor has been recovered from the place of occurrence. The police has seized said illicit liquor along with two motorcycles. Learned counsel for the petitioner filed a supplementary affidavit in which it is stated at paragraph 5 that the said motorcycles do not belong to the petitioner. It is also submitted that the petitioner has got one criminal antecedent of similar nature as stated in para 3 of the bail

Patna High Court CR. MISC. No.54356 of 2021(4) dt.25-03-2022 2/3 application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that after seeing the police, the petitioner fled away from the place of occurrence. Petitioner is ready to deposit a sum of Rs.20,000/- (rupees twenty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

Considering the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judge-II-cum-Special Judge, Excise Act, Samastipur in connection with Pusa P.S. Case No.53 of 2021, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file

Patna High Court CR. MISC. No.54356 of 2021(4) dt.25-03-2022 3/3 an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.20,000/- (rupees twenty thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.

(Anjani Kumar Sharan, J.) Sanjay/- U T