Patna High CourtCR. MISC./70005/2023bail granted

Sheikh Amjad @ Sheikh Amjad Alam v. The State Of Bihar

2023-11-01Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70005 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Sheikh Amjad @ Sheikh Amjad Alam son of Shekh Hakim Village- Khadda Kunjalahi PS- Nautan Dist- W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Brij Kishore Mishra, learned counsel appearing on behalf of the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Nautan Police Station Case No.249 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

3. Prosecution story in short is that the police got secret information that the petitioner and the other co-accused persons are involved in the trade of illicit liquor from the State of Uttar Pradesh. Petitioner and other co-accused persons fled away but the police seized 191.520 ltr. Illicit liquor from a vehicle.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.70005 of 2023(2) dt.01-11-2023 2/3 petitioner submits that petitioner has no concern either with the vehicle or the illicit liquor. Petitioner has clean antecedent.

5. Learned counsel further submits that the petitioner has willingly informed that he will contribute a sum of Rs.10,000/- (Ten Thousand) in the Prime Minister National Relief Fund (PMNRF) bearing Account No.1226769846 (Central Bank of India).

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. Having considered the rival submissions made on behalf of the parties and considering the fact that the petitioner is willing to contribute a sum of Rs.10,000/- in the Prime Minister National Relief Fund, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Bettiah, District West Champaran in connection with Nautan Police Station Case No.249 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

8. The learned court below is directed to verify the

Patna High Court CR. MISC. No.70005 of 2023(2) dt.01-11-2023 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U