Abdul Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84211 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- Panapur District- Muzaffarpur ====================================================== Abdul Husain S/o Latif Mansuri @ Abdul Latif Mansuri R/o vill - Chhapiya Mishra, P.s. - Khampar, Distt.- Deoriya, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable u/s 30(a), 32(i)(ii), 36, 41(i) of Bihar Prohibition and Excise Act.

3. Altogether 933.12 liters of foreign liquor is said to have been recovered from a truck. Petitioner was apprehended by the police on the spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He is the driver of

Patna High Court CR. MISC. No.84211 of 2024(2) dt.24-01-2025 2/3 the said truck and was not aware of that illegal liquor has been loaded on the truck and then handed over to him after loading by the owner of the vehicle. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application and has been languishing in jail since 08.09.2024.

5. Petitioner is agreed to deposit a sum of Rs.50,000.00 (Rupees Fifty Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail 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/the Successor Court, in connection with Kariyat P.S. Case No. 106 of 2024, with the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.84211 of 2024(2) dt.24-01-2025 3/3 (ii) 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 and thereafter the Court below will be at liberty to initiate proceeding for cancellation of regular bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Lawyers' Association Welfare Benevolent Fund, Patna.

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