Ayub Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65120 of 2022 Arising Out of PS. Case No.-191 Year-2019 Thana- GUTHANI District- Siwan ====================================================== AYUB HUSSAIN S/o Tahir Hussain R/o Village- 355, Taharpur-2 Divyarpur, P.S.- Muradabad, Distt- Muradabad (Uttar Pradesh). ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 465, 467 of the Indian Penal Code as well as Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act. 3096 litres of foreign liquor was recovered from a truck.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that driver of the truck was arrested and he disclosed that petitioner is the owner of the truck
Patna High Court CR. MISC. No.65120 of 2022(2) dt.09-12-2022 2/3 and involved in doing business of illicit liquor. It is submitted that there is no recovery from the conscious possession of the petitioner.
Petitioner is agree to deposit a sum of Rs. 2,00,000/- (rupees two lakhs) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.
Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged 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 learned Additional Sessions Judge-2nd-cum-Exclusive Special Court No.1, Siwan in connection with Guthni P.S. Case No.191 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:
(i) 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.65120 of 2022(2) dt.09-12-2022 3/3 (ii) 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 Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J) Sanjay/- U T