Md Maksud Allam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65467 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
Md Maksud Allam S/O Nur Hasan Ansari @ Majid R/O VillageSarisabpahi, P.S- Pandaul, District- Madhubani 2.
Sanjiv Kumar Thakur S/O Ras Narain Thakur @ Ram Narayan Thakur R/O Village- Primary School, Balani Mahath, P.S- Bhairavsthan, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha, Advocate.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 202.770 liters of foreign liquor has been recovered from the motorcycle. He submits that petitioner has been made accused on the basis of confessional statement of co-accused. Petitioner has no concern either with the seized liquor or the place of recovery or
Patna High Court CR. MISC. No.65467 of 2022(2) dt.16-12-2022 2/3 any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs. 30,000.00 (Rupees Thirty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each of the satisfaction of learned Court below where the case is pending/successor Court in connection with Manigachi P.S. Case No. 161 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.65467 of 2022(2) dt.16-12-2022 3/3
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee.
(Anjani Kumar Sharan, J) guddukr/- U T