Purushottam Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57005 of 2021 Arising Out of PS. Case No.-218 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== PURUSHOTTAM SAFI, Son of Jagindra Safi, Resident of Village - Janaknandi big office Inarwa, Ward no.- 1, P.S.- Khajuri, District - Dhanusha (Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant is a SSB official who while posted on Nepal - Indo border and saw petitioner carrying illicit liquor in sack on his head who was coming from Nepal to India and was apprehended by SSB and from said sack, 390 liters Neplai country made liquor was recovered.

It is submitted on behalf of the petitioner that he is innocent and has been implicated in this case on suspicion. Illicit liquor was not recovered from the conscious possession of the petitioner and the actual culprits fled away and he was

Patna High Court CR. MISC. No.57005 of 2021(2) dt.30-03-2022 2/2 apprehended by the SSB personnel. Petitioner has no criminal antecedent and he is in custody since 03.08.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jainagar P.S. Case No.218/2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T