Sagir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81025 of 2024 Arising Out of PS. Case No.-367 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== Sagir Alam S/o Majid Miya R/o Village- Turkauliya, P.S.- Adapur, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Adapur P.S. Case No. 367 of 2022 dated 29.12.2022 instituted for the offence punishable under Section 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation is of recovery of total 9 litre Nepali Kasturi liquor from the paddy straw of Vinod Rai.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the said seized liquor has been recovered from the paddy straw of Vinod Rai. Neither the petitioner is the owner of the said paddy straw nor he has any concern with it. The petitioner has been made accused in this case only on the basis of

Patna High Court CR. MISC. No.81025 of 2024(2) dt.04-12-2024 2/3 suspicion. Lastly, it has been submitted that petitioner has two criminal cases against him.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Adapur P.S. Case No. 367 of 2022, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, East Champaran at Motihari, subject to condition as laid down under Section 438(2) of the Cr.P.C., as well as the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

III. The bailor shall also state on affidavit that he

Patna High Court CR. MISC. No.81025 of 2024(2) dt.04-12-2024 3/3 will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) premchand/- U T