Md. Sirajul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74712 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== MD. SIRAJUL Son of Md. Tashlim Resident of Village - Umgaon, P.S.- Harlakhi, Distt - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Bhupendra Narayan Singh For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 140 of 2019 , dated 28.7.2019, registered at Police Station Harlakhi under Sections 272/273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.

As per prosecution, 36 litres of wine was recovered from co-accused Manoj Sahni who took the name of the present petitioner, which fact is seriously disputed and the co-accused on whose confession the name of the petitioner figured has himself been granted bail by by a co-ordinate Bench of this

Patna High Court CR. MISC. No.74712 of 2019(2) dt.20-11-2019 2/3 Court. Prima facie also it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime.

It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; and is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence, as also that he is behind bars since 28.7.2019. At this stage petitioner is not required for investigation.

Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No.140 of 2019, G.R. No.1355 of 2019, on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present

Patna High Court CR. MISC. No.74712 of 2019(2) dt.20-11-2019 3/3 in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) K.C.Jha/- U T