Sekh Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64876 of 2021 Arising Out of PS. Case No.-149 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== SEKH FIROJ Son of Sekh Kader Resident of Village - Hijalgora, P.S.- Jamuria, Distt.- West Bardhaman (W.B).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Majid Mahboob Khan, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Singheshwar P.S. Case No. 149 of 2021/Excise Case No. 427 of 2021 instituted for the offences under Section 120(B) of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.06.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 4466.495 litre of liquor from a truck.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64876 of 2021(2) dt.04-02-2022 2/2 petitioner is alleged to be the driver of the truck and being the driver he was not aware what the owner loaded in the truck. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Madhepura in connection with Singheshwar P.S. Case No. 149 of 2021/Excise Case No. 427 of 2021, with condition that one of the bailors shall be the father of the petitioner, namely, Sekh Kader and if the petitioner in future gets implicated in a case of similar nature, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Satyavrat Verma, J) Kundan/- U T