Patna High CourtCR. MISC./1904/2020bail granted

Md. Tokir v. The State Of Bihar

2020-01-14Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 1904 of 2020 Arising Out of PS. Case No.-267 Year-2019 Thana- BAUNSI District- Banka ====================================================== MD TOKIR Son of Izharul R/o Village- Pasiya, P.S.- Madhupur, DistDeoghar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bounsi Police Station (for brevity, PS) Case No 267 of 2019 instituted for the offence punishable under Section (s) 414 of Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016. Having no criminal antecedent, it is submitted that petitioner is in custody since 28.10.2019. Allegation is of recovery of 610 liters of illicit liquor from a vehicle in which petitioner was a bona fide passenger having no knowledge about the contents therein. Submission is of false implication. Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above

Patna High Court CR. MISC. No.1904 of 2020(2) dt.14-01-2020 2/2 named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Banka in connection with Bounsi PS Case No 267 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T