Md. Sharif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75349 of 2019 Arising Out of PS. Case No.-441 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== MD. SHARIF Son of Tajuddin Resident of Village - Sarwala, P.S.- Bans, Distt.- Hisar, Haryana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Petitioner is driver of the truck from which 7966 liters of wine was recovered. The petitioner has stated on oath that he has got no criminal antecedent. The petitioner further stated that co-accused Ajay Singh, who was arrested along with the petitioner, has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.63246 of 2019. Petitioner is in custody since 05.07.2019. Investigation of the case is already complete.

Considering the facts aforesaid specifically grant of

Patna High Court CR. MISC. No.75349 of 2019(3) dt.14-01-2020 2/2 bail to the co-accused by a coordinate Bench of this Court, let the petitioner, above named, against him there is no evidence of tampering with the evidence and non-cooperation with the trial, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dehri Nagar P.S. Case No.441 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T