Khalid Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64552 of 2021 Arising Out of PS. Case No.-347 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== Khalid Raja, S/o Md. Raja, R/o village- Baishakhi, P.S.- Saray, DistrictSiwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Phulwariya P.S. Case No. 347 of 2021 registered for the alleged offences under Sections 420 and 34 of the Indian Penal Code and Sections 182 (A) (4) 177 and 179 M.V. Act and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
As per allegation, 86.40 liters of foreign liquor was recovered from a car which was being driven by the petitioner, however, learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.64552 of 2021(3) dt.24-06-2022 2/3 nothing has been recovered from the conscious possession of the petitioner and he has no concern with illegal wine which was recovered from the said car. He has been arrested from the spot and disclosed that wine and vehicle belonged to co-accused Sonu Kumar. The petitioner is in custody since 20.09.2021 and is having clean antecedent.
Learned APP has opposed the prayer for bail, submitting that a huge quantity of liquor has been recovered from a car which was being driven by the petitioner and the petitioner has been arrested from the spot.
Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Gopalganj in connection with Phulwariya P.S. Case No. 347 of 2021, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
Patna High Court CR. MISC. No.64552 of 2021(3) dt.24-06-2022 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T