Shani Sangam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78198 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== Shani Sangam Son of Late Anil Kumar Resident of Village-Kasimpur,P.S., Islampur,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Islampur P.S. Case No.265/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 570 litres country-made liquor from a car which was being boarded by 7-8 persons. However, after seeing the police, they tried to flee away but two of them were apprehended on the spot who disclosed their names as Wasim Alam and Shashi Ranjan.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to dirty village. It has been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the

Patna High Court Cr.Misc. No.78198 of 2018(2) dt.11-01-2019 2/3 co-accused and except said confessional statement, there is no any other incriminating material against the petitioner. It has further been submitted that petitioner was neither apprehend on the spot nor anything was recovered from his possession. Petitioner has no criminal antecedent and he is in custody since 23.11.2018.

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 Addl. District & Sessions Judge, VI-cum-Special Judge, Excise Act, Nalanda, Biharsharif in connection with Islampur P.S. Case No.265/2018, 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

Patna High Court Cr.Misc. No.78198 of 2018(2) dt.11-01-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T