Md. Ekramul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72764 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== Md. Ekramul, Son of Md. Israil, Residents of Village Mustafanagar Ward No. 06, P.S. Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 345 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that his mobile number was found in the possession of driver from whose Truck 3000 Litres of foreign liquor was seized.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that there is no any other involvement of petitioner in the sale of illicit liquor. Similarly, situated coaccused person has been granted bail by a co-ordinate bench of this Court vide order dated 20.09.2018 in Criminal Miscellaneous No. 57470 of 2018 and 06.10.2018 in Criminal

Patna High Court Cr.Misc. No.72764 of 2018(2) dt.12-12-2018 2/2 Miscellaneous No. 56604 of 2018. Petitioner is in custody since 15.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Saharsa, in connection with Special Case No. 345 of 2018 corresponding to Mahishi P.S. Case No. 147 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U