Patna High CourtCR. MISC./42348/2019bail granted

Nejamuddin Dewan @ Bijli Dewan @ Shain v. The State Of Bihar

2019-07-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42348 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== NEJAMUDDIN DEWAN @ BIJLI DEWAN @ SHAIN, S/o Ashmohammad Dewan @ Asmahmad Devan, R/o village- Jhakhiya, P.S.- Banjariya, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mufassil P.S. Case No.201 of 2018 instituted for the offence under Section(s) 272, 273 Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted that petitioner was not apprehended at the spot. Two persons were apprehended from the Truck, which was found loaded with 3460 litres spirit. Both persons, namely, Bhola Dewan and Firoz Khan disclosed the name of this petitioner.

Counsel for the petitioner submits that Petitioner is in custody since 11.04.2019.

Patna High Court CR. MISC. No.42348 of 2019(2) dt.15-07-2019 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 9th Additional Sessions Judge cum Special Judge, Excise, Motihari, in connection with Mufassil P.S. Case No.201 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. It appears from para 3 that three more cases under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T