Md. Shafi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72402 of 2021 Arising Out of PS. Case No.-649 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Md. Shafi Son Of Md. Abdul Resident Of B.N.R. Road Pathrighat, P.S. - Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Rafi Ahmad, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 09-02-2022 The applicant is given out of turn hearing on the ground of marriage in his family.

The applicant/accused in Crime No.649 of 2021 registered with Alamganj Police Station, giving rise to Special Case No.6094 of 2021, for the offences punishable under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act, by this application is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor for the State.

According to the prosecution case, on the basis of secret information that few people are selling illicit liquor raid was conducted in which in all 14 persons were arrested. The

Patna High Court CR. MISC. No.72402 of 2021(3) dt.09-02-2022 2/3 applicant is one amongst them. It is averred by the prosecution that the applicant was found in a possession of 15 liters of illicit Mahua liquor.

The investigation of the subject crime is over. The applicant is not having any criminal antecedent. Therefore, I see no reason to refuse bail and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 649 of 2021 registered with Alamganj Police Station, giving rise to Special Case No.6094 of 2021, be released on bail on executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (II) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (III) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

Patna High Court CR. MISC. No.72402 of 2021(3) dt.09-02-2022 3/3 The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T