Phiroj Ahmed @ Firoj Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65686 of 2021 Arising Out of PS. Case No.-353 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== PHIROJ AHMED @ FIROJ AHMED, Son of Late Nisar Ahmed, Resident of Mohalla - Budh Nagar Shadiyabad P.S. Loni District - Ghaziabad (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No. 899 of 2021, arising out of Arwal P.S. Case No. 353 of 2021 registered for the offence under Sections 30(a), 32(2), (3), 36/41 of the Bihar Prohibition and Excise Amendment Act, 2018.

Recovery is of 905 liters of Indian made foreign liquor is made from one Tata Intra Magic vehicle bearing registration no. JH-10CG-9801 followed by a Creta car bearing Reg. No. JH-21J-5915.

Patna High Court CR. MISC. No.65686 of 2021(2) dt.07-03-2022 2/3 Allegation against the petitioner is that he is the driver of Tata Magic Intra bearing registration no. JH-10CG-9801 from which 905 liter Indian made foreign liquor was recovered. Learned counsel appearing for the petitioner submits that he has clean antecedent and has falsely been implicated in the present case only on the basis of being a driver of the vehicle in question. He has no concern with the alleged recovery. Petitioner is in judicial custody since 08.10.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the fact and circumstances of the case, 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 learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Jehanabad, Patna in connection with Excise Case No. 899 of 2021 arising out of Arwal P.S.Case No.353 of 2021 with 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.65686 of 2021(2) dt.07-03-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T