Hashim Akhtar @ Hasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77621 of 2018 Arising Out of PS. Case No.-811 Year-2018 Thana- BAIRGACHHAI District- Araria ====================================================== Hashim Akhtar @ Hasim S/o Naseeruddin , R/o Vill.- Bania Tola, P.S.- Guwal Pokhar, District- Uttar Dinazpur (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Araria (Bairgachhi O.P.) P.S. Case No.811 of 2018, Special Case No.1459 of 2018 registered for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 176.6 litres foreign liquor from a car which was being boarded by the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that he was not aware about the foreign liquor being kept in the car and, as such, he has nothing to do with the recovered wine. Petitioner has no criminal antecedent and he is in custody since 20.11.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77621 of 2018(2) dt.02-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Araria (Bairgachhi O.P.) P. S. Case No.811 of 2018, Special Case No.1459 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T