Firoz Khan @ Firoj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19950 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Firoz Khan @ Firoj Khan son of Mumtaj Ali Khan @ Mumtaj Khan resident of Jhuggi No. - 79/97, Rani Jhansi Road near Ambedkar Bhawan, Aram Bagh Paharganj, P.S. - Paharganj, District - Middle Delhi (Central Delhi), Delhi - 110055.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Ms. Kanchan Jha with Mr. Manish Kumar No 13, Advocates For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Samastipur G.R.P. P.S.Case No. 05 of 2017 registered for the offences punishable under Section 37(a) of Bihar Excise (Amendment) Act, 2016.

Allegation against the petitioner is of recovery of 21 bottles, each containing 375 ml., of foreign liquor. It has been submitted on behalf of the petitioner that there is no recovery from the possession of the petitioner and he is in custody for more than three months having clean antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.19950 of 2017 (2) dt.05-05-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate (Rail), Samastipur, in connection with Samastipur G.R.P. P.S. Case No. 05 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U