Md Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6982 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== MD ISRAIL SON OF MD AKHTAR RESIDENT OF VILLAGE - SILIGURI WARD NO.46 SATYAJIT NAGAR P.S- PRADHAN NAGAR DISTRICTDARJEELING W.B ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 17-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. 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.

Allegation is recovery of 970 litres foreign liquor from Pickup Van of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.6982 of 2021(2) dt.17-04-2021 2/3 case. Petitioner is not owner of the said pickup van and as a matter of fact, one Mahesh Ram was driver of the said vehicle who requested the petitioner to drive the aforesaid vehicle on the alleged date of occurrence and petitioner has no knowledge with regard to seized liquor. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has no criminal antecedent and he is in custody since 26.09.2020.

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 C-1 case no. 172 of 2020, 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

Patna High Court CR. MISC. No.6982 of 2021(2) dt.17-04-2021 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

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