Safaul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78111 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Safaul Ansari S/O Yasin Miyan R/O Village- Chainpur, Ps. Narayanpur, Dist. Jamtada (Jharkhanda) 2.

Nitish Kumar S/O Shambhu Yadav R/O Village- Ballopur, Ps.Khaira, Dist. Jamuee, 3.

Nitesh Kumar S/O Late Arjun Singh R/O- Alampur, Ps. Vidyapati, Dist. Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Bachhwara P.S. Case No. 297 of 2023 registered for the offence under Section 30(a), 32, 41 of the Bihar Excise and Prohition Act.

3. As per the prosecution case, 1338.375 liters of liquor was recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submit that the petitioners are innocent and they have falsely been implicated in this case.

Patna High Court CR. MISC. No.78111 of 2023(3) dt.29-02-2024 2/3

5. It is also submitted by the learned counsel for the petitioners that petitioner nos. 2 and 3 have clean antecedent and petitioner no. 3 has one antecedent registered under Excise Act and the petitioners are in jail since are in jail since 23.09.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioners, above named, be released on bail 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, Begusarai in connection with Bachhwara P.S. Case No. 297 of 2023.

9. As a condition of this order, the petitioners, after being released on bail are directed to co-operate in the trial either by appearing personally or through their lawyers in the trial Court on the dates fixed for hearing.

10. As a condition of this order, the petitioner no. 1 will mark his attendance at Narayanpur Police Station, DistJamtada (Jharkhand), petitioner no. 2 will mark his attendance at Khaira Police Station, Dist-Jamui (Bihar) and petitioner no. 3

Patna High Court CR. MISC. No.78111 of 2023(3) dt.29-02-2024 3/3 will mark his attendance at Vidyapati Police Station, DistSamastipur (Bihar) on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bond of the petitioners.

11. Let a copy of this order be communicated to the Superintendent of Police, Jamtada, Jharkhand through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U T