Ansar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2945 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Ansar aged about 23 years Son Of Md. Nawi Resident Of Village- Ber Kheda Chak, P.S.- Bharatpur, District- Moradabad, State- Uttar Pradesh ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 272/273/414/120B of the Indian Penal Code and sections 30a and 41(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on raid total 270 liters of foreign liquor and 145 blankets were recovered from a truck of which petitioner is the registered owner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way

Patna High Court CR. MISC. No.2945 of 2021(2) dt.12-03-2021 2/2 concerned with the alleged recovery. Truck in question was being used by the driver and the petitioner had no knowledge about the consignment being carried using his truck. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 26.6.2020. Charge sheet has already been submitted.

Considering the facts of the case, 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 Special Judge, Excise Act, Muzaffarpur in Minapur Police Station Case No. 228 of 2020 the on 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/her absence on two consecutive dates without sufficient reason, his/her 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 of bail.

Shashi (Prabhat Kumar Singh, J) U T