IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28052 of 2022

Arising Out of PS. Case No.-161 Year-2021 Thana- CHANDRAMANDI District- Jamui

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Abul Hussain @ Abdul Hussain, Son Of Late Zahid Hussain R/O- Kundro,

P.S.- Ramgarh, District- Ramgarh (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rakesh Bihari Singh, Advocate

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2

06-08-2022

Heard learned counsel for the petitioner and the

learned APP for the State through virtual mode in view of

COVID-19.

Let the defect(s) be removed within four weeks of the

complete start of the physical Court in normal course.

The petitioner is in judicial custody in connection

with Chandramandi Case No.161 of 2021, G.R. No.3207 of

2021 instituted under Section 30(a) 36 of the Bihar Excise &

Prohibition Act, 2018.

The prosecution case, in short, is that when the

informant (A.S.I.) was returning from routine patrolling duty, he

saw one Tata Sumo, (registration no.BR20Z0184) coming from

Basuki Tand Chowk side and when the driver of the Tata Sumo

saw the police, he stopped the vehicle and from the car, two

persons tried to flee away but with the help of other police

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caught one person. The driver of the Tata Sumo managed to

escape. After search,

183 liters whiskey has been

recovered/seized from Tata Sumo. Accordingly, seizure list was

prepared and FIR lodged.

Learned counsel for the petitioner submits that 183

liters whiskey has been recovered from Tata Sumo and not from

the concious possession of the petitioner. However, despite the

aforesaid fact as also that he has no criminal antecedent, he has

suffered a lot by being in custody since 05.11.2021 (as stated in

para-15 of the bail application).

Considering the aforesaid fact aforesaid that he has no

criminal antecedent and is in jail since 05.11.2021 as also that

charge sheet stands submitted, this Court is inclined to grant him

privilege of bail.

Let the petitioner be released on bail on furnishing

bail bond of Rs.10,000/-(Rupees Ten Thousand) with two

sureties of the like amount each in connection with

Chandramandi Case No.161 of 2021, G.R. No.3207 of 2021 to

the satisfaction of learned ADJ,II-cum-Special Court, Excise,I,

Jamui, subject to following conditions:

(i) one of the bailor should be the family member of

the petitioner, who shall provide official document to show

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his/her bona fide;

(ii) the petitioner shall appear on each and every date

before the Trial court and failure to do so for two consecutive

dates without plausible reasons will entail cancellation of his/her

bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned

police station every month for next six months to mark his/her

presence;

(iv) the petitioner shall desist from committing any

criminal offence again failing which the State shall be at liberty

to steps for cancellation of his/her bail bonds.

With the aforesaid observations, the bail application is

allowed.

Prakash Narayan /-

(Rajiv Roy, J)

U

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