Md Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2097 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== MD JAMAL, (Male), aged about 24 years, Son of Md. Naushad, Resident of Village - Durgapur Simarwara, P.S.- Patepur, Dist.- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Suneil Kumar Thakur, Advocate For the Opposite Party :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in connection with Dalsinghsarai P.S. Case No. 172/2020, for the offence registered under Sections 272, 273, 120(B) of the I.P.C. and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 2478.60 liters wine is recovered from the Truck in question. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.2097 of 2021(3) dt.22-01-2022 2/3 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 2478.60 liters wine is recovered from the Truck in question. The petitioner is alleged to be the owner of the Truck in question. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.2097 of 2021(3) dt.22-01-2022 3/3 the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of the learned Additional Sessions Judge-III-cum-Special Judge, (Excise Act), Samastipur, in connection with Dalsinghsarai P.S. Case No. 172/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T