Sadique Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47535 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sadique Hussain Son of Abdul Wahid, Resident of Village - Dangpuri, P.S.- Gadarpur, Distt.- Nanital (Utrakhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Muffasil (Lakho) P.S. Case No. 293 of 2022, lodged under Section 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the total recovery of 921.87 liters of foreign liquor is subject matter relating to present case. Learned counsel for the petitioner submits that recovery was made from a truck and the petitioner was driver of the said truck. He further submits that antecedent of petitioner is

Patna High Court CR. MISC. No.47535 of 2022(2) dt.11-11-2022 2/3 clean and he is in custody since 08.06.2022. Learned counsel for the petitioner further submits that petitioner was completely unaware that what is loaded on the truck.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Judge-I, Begusarai in connection with Muffasil (Lakho) P.S. Case No. 293 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.47535 of 2022(2) dt.11-11-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T