Md. Hasimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86953 of 2019 Arising Out of PS. Case No.-477 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== MD. HASIMUDDIN S/o- Md. Jassimuddin, Resident of Village- Rahmanni Ganj, P.S.- Supaul, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Allegation is recovery of 169.05 litres foreign liquor from the car which was being driven by the petitioner. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted on behalf of the petitioner that petitioner is driver of the car and he has no knowledge that illicit foreign liquor was concealed in the car. Petitioner has no criminal antecedent and he is in custody since 7.12.2019. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.86953 of 2019(2) dt.18-01-2020 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.477 C2 of 2019 , with following 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 properly 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 bond.

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