Manjar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79073 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== Manjar Alam, aged about 30 years, Male, Son of Taiyab @ Md. Taiyab Resident of Village - Khaniabad, P.S.- Fetehpur, Distt.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Special Case No. 385 of 2019 arising out of Tedhagachh P.S. Case No. 139 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the police has recovered 23.4 liter Nepali wine from the motorcycle of the petitioner. The petitioner is in custody since 24.10.2019. Looking to the quantity of wine recovered as also the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.79073 of 2019(2) dt.04-12-2019 2/2 learned Additional District and Sessins Judge, 2nd cum Special Judge (Excise), Kishanganj in connection with Tedhagachh P.S. Case No. 139 of 2019 (Special Case No. 385 of 2019), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Tedhagachh police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T