Patna High CourtCR. MISC./4895/2024bail granted

Shekh Jasim v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4895 of 2024 Arising Out of PS. Case No.-409 Year-2019 Thana- Excise P.S. District- East Champaran ====================================================== Shekh Jasim S/O Shekh Samshul @ Shekh Samsul Haque R/O VillageBudhuahan, Chhauradano, P.S- Chhauradano, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Trial No.5087 of 2022, arising out of Excise P.S. Case No.409 of 2019, lodged on 09.05.2019, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, total recovery of 420 liters of Nepali liquor has been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 10.10.2023 having no criminal antecedent. Counsel submits that charge sheet has already been filed in this case. He further submits that the said recovery was made from his motorcycle, which he has given to his friend and by the wrong done by his friend his name has figured in this

Patna High Court CR. MISC. No.4895 of 2024(2) dt.07-02-2024 2/3 case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.2, Motihari, East Champaran, in connection with Trial No.5087 of 2022, arising out of Excise P.S. Case No.409 of 2019, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.4895 of 2024(2) dt.07-02-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (iv) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T