Atif Suleman @ Vicky @ Vicky @ Atif Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9708 of 2021 Arising Out of PS. Case No.-600 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Atif Suleman @ Vicky @ Vicky @ Atif Suleman Son Of Md. Suleman R/O House No.-224, Ward No.-03, Khalilpura, P.O. And P.S.- Phulwarisharif, Dist.- Patna, At Present Alba Colony, Near Pakori Factory, P.O. And P.S.- Phulwarishari, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Advocate For the Opposite Party/s :

Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 420/467/120B/34 of the IPC and sections 30a/36/41 of the Bihar Prohibition and Excise Act. As per the prosecution case, on the secret information raid was conducted by the police and total 853.560 liters of foreign liquor was recovered the vehicles.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.9708 of 2021(2) dt.31-05-2021 2/3 that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. The mandatory provision of law for search and seizure has not been followed. Investigation has already been completed and the petitioner is in custody since 27.11.2020.

Considering the rival submissions coupled with the fact that no incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court in seisin of Special Case No. 6497/2020, Phulwarisarif Police Station Case No. 600 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.9708 of 2021(2) dt.31-05-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T