Md. Ambar Raza Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86087 of 2024 Arising Out of PS. Case No.-251 Year-2019 Thana- DAGARUA District- Purnia ====================================================== Md. Ambar Raza Khan Son of Ali Raza Khan Resident Of Ward NO 14, Nicitpur Dalkhola (M), PS- Dalkhola District- Uttar Dinazpur (West Bengal) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned Senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Learned Senior counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 173.625 litres of foreign liquor is said to have recovered from a vehicle. He submits that the petitioner was not apprehended on spot nor he was present at place of occurrence rather his name figured in confessional
Patna High Court CR. MISC. No.86087 of 2024(2) dt.17-12-2024 2/3 statement of apprehended co-accused person. He further submits that petitioner has one criminal antecedent similar in nature as stated in para-3 of the bail application.
4. Petitioner is agreed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.
5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor Court in connection with Dagarua P.S. Case No.251 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to
Patna High Court CR. MISC. No.86087 of 2024(2) dt.17-12-2024 3/3 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.
(2) That 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 after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.
(Anjani Kumar Sharan, J) anand/- U T