Md. Gulam Tegh Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83942 of 2023 Arising Out of PS. Case No.-389 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Md. Gulam Tegh Ali Son Of Md. Anwar R/O Vill - Paharpur, P.S. - Bhagwanpur, Distt. - Vaishali ... ... Petitioner/S
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Adv.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 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 u/s 30(a), 41(1) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. It is submitted by learned counsel for the petitioners that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 46.665 liters of country made liquor is said to have been recovered from a vehicle. No person was apprehended on the spot. Petitioner has been made accused because he is the owner of the said vehicle. Petitioner has no concern either with the seized liquor or any trade of liquor. The allegation levelled
Patna High Court CR. MISC. No.83942 of 2023(2) dt.11-01-2024 2/3 against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
4. Learned APP for the State opposes the prayer for bail of the petitioner.
5. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in account of Mahavir Cancer Sansthan, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch.
6. Having regard to the facts and circumstances of the case, 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 learned Court below where the case is pending/successor Court in connection with Vaishali P.S. Case No. 389 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any
Patna High Court CR. MISC. No.83942 of 2023(2) dt.11-01-2024 3/3 similar offence till conclusion of the trial.
7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan.
(Anjani Kumar Sharan, J) annpurna/- U T