Md. Muslim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53328 of 2024 Arising Out of PS. Case No.-404 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Md. Muslim Son of Md. Israel @ Md. Israfil R/o- Loharva Ghat, P.S.- Alamganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-10-2024 Heard Mr. A.K. Pradhan, learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is in custody in connection with Alamganj P.S. Case No. 404 of 2024 for the offence under Sections 30(a)/32 of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 18.05.2024 by the informant, Viddha Rani.
3. As per the prosecution story, the informant alleged that during morning patrolling duty, upon secret information of this petitioner selling Mahua, raided the place and though the accused managed to escape, there is recovery of 250 liters of country made Mahua from Activa Scooty. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that neither he has been arrested from the spot nor anything
Patna High Court CR. MISC. No.53328 of 2024(3) dt.23-10-2024 2/3 recovered from his conscious possession. Even the scooty from which the said recovery has been alleged, does not belong to him rather it is registered in the name of Shubham Kumar Sinha. Though, he concede that he has criminal antecedent.
5. Learned APP opposes the prayer for bail submitting that upon secret information that this petitioner is selling Mahua, the raid took place and there is also recovery/seizure.
6. Considering the aforesaid submission as also the fact that the scooty does not belong to him, nothing has been recovered from his conscious possession and he is in custody since 20.06.2024 (para-13 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge Excise, Patna City in connection with Alamganj P.S. Case No. 404 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and the failure to do so for two
Patna High Court CR. MISC. No.53328 of 2024(3) dt.23-10-2024 3/3 consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of bail bond.
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Amandeep/- U T