Majarul @ Majarul Haqe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85606 of 2019 Arising Out of PS. Case No.-543 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

MAJARUL @ MAJARUL HAQE Son of Shahabuddin Resident of VillageSaket Nichitpur Dalkola, P.S.- Dalkhola, District- Uttar Dinajpur (West Bengal).

2.

Md. Khabir Hussain @ Khabir Hauaim Son of Md. Umar Ali Resident of Village- Saket Nichitpur Dalkola, P.S.- Dalkhola, District- Uttar Dinajpur (West Bengal).

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar prohibition and Excise (Amendment) Act, 2016.

Allegation is recovery of 4610.160 litres of illicit liquor which was kept in the truck concealed by Tirpal. It has been submitted on behalf of petitioners that they are driver and cleaner of the truck and were not aware that the illicit liquor has been loaded on the truck which has been concealed by the Tirpal. Petitioners have no criminal

Patna High Court CR. MISC. No.85606 of 2019(2) dt.16-01-2020 2/3 antecedents and are in custody since 23.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sadar P.S. Case No. 543 of 2019 subject to the conditions that:-

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

(2) Petitioners shall cooperate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If petitioners are found involved in similar nature of offences,

Patna High Court CR. MISC. No.85606 of 2019(2) dt.16-01-2020 3/3 after their release on bail the trial court shall take steps to cancel their bail bonds.

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