Md Gulzar Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54649 of 2021 Arising Out of PS. Case No.-412 Year-2021 Thana- SUPAUL District- Supaul ====================================================== MD GULZAR AALAM Son of Abdul Rahim Resident of Village - Duchi Ghat, Ward No.- 5, P.S.- Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Supaul P.S. Case No. 412 of 2021 registered for the offences punishable under Section 7 of Essential Commodities Act. There is recovery of 50 bags of foodgrain of BSFC/FCI from one pickup van.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. It is

Patna High Court CR. MISC. No.54649 of 2021(2) dt.21-01-2022 2/3 further submitted that name of the petitioner has been dragged in this case only because the petitioner is bona fide licensee of P.D.S. and he was running P.D.S. shop since long. Petitioner is in custody since 10.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, 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 learned Sub-divisional Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 412 of 2021, 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation

Patna High Court CR. MISC. No.54649 of 2021(2) dt.21-01-2022 3/3 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 antecedent, 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) shahzad/- U T