Patna High CourtCR. MISC./84996/2019bail granted

Md. Mustaqueem v. The State Of Bihar

2020-01-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84996 of 2019 Arising Out of PS. Case No.-373 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Md. Mustaqueem, aged about 47 years, Male, Son of Md. Salahuddin Resident of - Lodipur, Khusrupur, P.S.- Khusrupur, District- Patna (Bihar), Pin code- 803202 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Mishra, Adv.

For the Opposite Party/s :

Mrs.Shaheen Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Seciton 30(a) of Bihar Excise Act. Allegation is recovery of 260 liters of country made as well as foreign liquor from the tempo of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is the driver of the tempo and the said illicit liquor was recovered from the possession of the passenger. Petitioner has no criminal antecedent and is in custody since 03.11.2019.

Patna High Court CR. MISC. No.84996 of 2019(2) dt.07-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Court, Excise, Patna, in connection with Chauk P.S. Case No. 373 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T