Motiur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62877 of 2018 Arising Out of PS. Case No.-367 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Motiur Rahman, Son of Late Neck Mohammad Sheikh, resident of villageRajpur Balua, P.S. Gaur, District- Rohtak, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, about 99 litres of Nepali Saufi liquor was recovered from the motorcycle. It is contended that petitioner was gone to see the agricultural field which is situated in the Indo-Nepal Border and the seized motorcycle and liquor do not belong to the petitioner. Petitioner claims that he in custody since 8.8.2018. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.62877 of 2018(2) dt.08-10-2018 2/2 satisfaction of Special Judge, Excise Act, East Champaran at Motihari in connection with Excise Case No. 367 of 2018. If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds with further conditions that one of the bailors of the petitioner must be the resident of State of Bihar. That apart, in view of the antecedent of the petitioner, he would be required to appear before the Senior Superintendent of Police, East Champaran at Motihari within fifteen days of his release with a copy of this order and every month thereafter for the next six months.

The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Spd/- U T