Laddu Mian @ Abdulla @ Md. Abdulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81323 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Laddu Mian @ Abdulla @ Md. Abdulla S/O Md. Jahir R/O VillageMangrauni Shivtoli, Ps. Rajnagar, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 3793.680 liters of foreign liquor is said to have recovered from the place of occurrence. He submits that the petitioner was not present on the spot, rather due to green-eyed of local Chowkidar and the villager, the petitioner has been made accused in this case. The petitioner has two criminal antecedents of similar nature as stated in para-3 of

Patna High Court CR. MISC. No.81323 of 2023(5) dt.05-07-2024 2/3 the bail application.

4. A supplementary affidavit has been filed on behalf of the petitioner in which it is stated that the petitioner is ready to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Phulparas P.S. Case No.356 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.81323 of 2023(5) dt.05-07-2024 3/3 inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated 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 proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) anand/- U T