Md. Ijhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67891 of 2021 Arising Out of PS. Case No.-517 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Md. Ijhar, S/O Late Md. Suleman, R/o village- Garhi Bazar, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-06-2022 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with G.O. Case No.517 of 2021 registered for the offence punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act, 2016.

81 litres illicit liquor has been recovered from a vehicle which the petitioner was allegedly driving. Petitioner's counsel submits that because the petitioner was standing to witness the seizure, he has been implicated in this case on suspicion, though he has no concern with the vehicle in question or the illicit liquor. He has no criminal antecedents and is in custody since 16.09.2021.

Patna High Court CR. MISC. No.67891 of 2021(2) dt.02-06-2022 2/3 Learned APP for the State has opposed the prayer for bail.

Considering the clean antecedents, defence raised by the petitioner as also the fact that the investigation is stated to be complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with G.O.Case No.517 of 2021, subject to the following conditions:

(i) That 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 the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.67891 of 2021(2) dt.02-06-2022 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T