Md. Amir @ Md. Amir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69864 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Md. Amir @ Md. Amir Alam Son of Md. Meraj Resident of Village Chainpur Wajid, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Mushahari P.S. Case No. 136 of 2019 for offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and in the instant case total 115.170 litres of foreign liquor was seized.

Learned counsel for the petitioner submits that although the petitioner has transferred his vehicle in favour of one Gautam Kumar but the petitioner's name is still continuing as owner of the vehicle.

Considering the aforesaid, the Court is inclined to

Patna High Court CR. MISC. No.69864 of 2019(4) dt.08-07-2020 2/2 grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Mushahari P.S. Case No. 136 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T