Md. Najim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64175 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== MD. NAJIM Son of Md. Jahid Resident of Village - Ladaura, Police Station - Kalyanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-04-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. Altogether 1100 liters of illicit liquor is said to have been recovered from a Tata 407 vehicle. The name of petitioner was disclosed by the chaukidar and co-villagers, as the person who fled away from the spot and was also alleged that the petitioner and others are the members of the syndicate involved dealing in the business of liquor.
Patna High Court CR. MISC. No.64175 of 2021(2) dt.01-04-2022 2/3 Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to local politics and enmity. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner is neither the owner/driver/helper of the vehicle from recovery has been made. Similarly situated co-accused namely Md. Rijawan @ Md. Rizvaan has been granted bail vide Cr. Misc. No.24518 of 2021 dated 05.07.2021 by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs. 40,000.00/- (Rupees Forty Thousand) in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.64175 of 2021(2) dt.01-04-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kalyanpur P.S. Case No.21 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions:
(1) One of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with petitioner. He will also undertake to inform the Court if there is any change in the address of petitioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.40,000.00/- (Rupees Forty Thousand) in the Juvenile Justice Fund.
(Anjani Kumar Sharan, J) pallavi/- U T