Md. Idrish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76077 of 2019 Arising Out of PS. Case No.-431 Year-2019 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD. IDRISH Son of Md. Nuro Resident of Village- Balbhadra Deodha, P.S.- Hasanpur, District- Samastipur, at present resident of Near Railway Quarter Chandralok Chauk, P.S.- Kazimohammadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Kazimohammadpur P.S. Case No. 431 of 2019 registered under Sections 379 and 411 of the Indian Penal Code and 37(B) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and no illicit liquor has been recovered from the conscious possession of the petitioner, however he has no criminal

Patna High Court CR. MISC. No.76077 of 2019(2) dt.25-11-2019 2/3 antecedent.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of the petitioner that he has been falsely implicated in this case in order to evict him from the premises in question and further that no illicit liquor has been recovered from the possession and only allegation is that he was in drunken condition as also that he has no criminal antecedent, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with with Kazimohammadpur P.S. Case No. 431 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected,

Patna High Court CR. MISC. No.76077 of 2019(2) dt.25-11-2019 3/3 of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T