Md. Sirajul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69610 of 2024 Arising Out of PS. Case No.-180 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== 1.
Md. Sirajul Son of Md. Taslim Shekh Resident of village - Umgaon , P.S.- -Harlakhi, District - Madhubani 2.
Reshma Khatoon @ Durgi Son of wife of Md. Sirajul Resident of village - Umgaon , P.S.- -Harlakhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Adv.
For the Opposite Party/s :
Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable u/s 274, 275/3(5) of the BNS and section 30 (a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Altogether 55.5 liters of Nepali liquor is said to have been recovered from the spot and two persons were apprehended, who disclosed about the involvement of the petitioners.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.69610 of 2024(2) dt.17-10-2024 2/3 offence. They have been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They were not apprehended on the spot and their name transpired in the case on the statement of the apprehended coaccused. Petitioners have no criminal antecedent.
5. Petitioners are agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) each in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Harlakhi P.S. Case No.180 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS, 2023, with the following conditions:
Patna High Court CR. MISC. No.69610 of 2024(2) dt.17-10-2024 3/3 (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the respective petitioners. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) pallavi/- U T