Md Asif Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1496 of 2024 Arising Out of PS. Case No.-625 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
Md Asif Ansari S/O JAHANGIR ANSARI Vill. Baliyapur (Laldih) PSBaliyapur DISTRICT- DHANBAD, State-Jharkhand. 2.
TANWEER KHAN S/O ERFAN KHAN Irfan Vill. Baliyapur (Laldih) PSBaliyapur DISTRICT- DHANBAD, State -Jharkhand. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with Excise (Kahalgaon) P.S. Case No. 625/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution case, there was alleged recovery of 482.400 liters foreign liquor from Pick-up van in question. Petitioner no.1 was alleged to be driver and petitioner no.2 was alleged to be co-driver of the said van in question and they were apprehended on the spot.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.1496 of 2024(2) dt.25-01-2024 2/3 petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 09.11.2023 and bear no criminal antecedent. He further submits that the petitioners are not the owner of the alleged vehicle in question. Petitioner no.1 is merely a driver and petitioner no.2 is co-driver of the said vehicle and have no knowledge regarding the alleged liquor that has been kept in the said vehicle. The petitioners have to follow the instruction of his owner to earn the livelihood. He further submits that the petitioners were not concerned with the seized liquor.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Excise (Kahalgaon) P.S. Case No. 625/2023, subject to
Patna High Court CR. MISC. No.1496 of 2024(2) dt.25-01-2024 3/3 following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T