Patna High CourtCR. MISC./1932/2021bail granted

Md. Kalamuddin Sheikh v. The State Of Bihar

2021-03-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1932 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Md. Kalamuddin Sheikh Son of Md. Kayamuddin Resident of VillageMustafabad, Police Station-Goreyakothi, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Excise Case No. 113 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 292.500 liters of illicit liquor has been recovered from a Bolero vehicle and petitioner has been arrested on the spot.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner is neither owner nor driver of the vehicle in question. Petitioner is in custody since 12.06.2020, having no criminal antecedent. Chargesheet has already been submitted. Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.1932 of 2021(2) dt.08-03-2021 2/2 well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II cum Special Judge (Excise), Gopalganj in connection with Excise Case No. 113 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 of bail."

(Prabhat Kumar Singh, J.) anay U T