Md. Raju Alam @ Md Raju Alam Mukhiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Md. Raju Alam @ Md Raju Alam Mukhiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Madhubani, in connection with Ladaniya P.S. Case No. 210 of 2024, subject to the conditions that his criminal antecedents be verified before acceptance of the bail bonds (bonds not to be accepted if involved in any other case) and that he cooperate with the trial and remain available as and when required by the court.

Issue for consideration

Whether the petitioner, alleged to be connected with the ownership of the Scorpio from which 945 litres of Nepali country-made illicit liquor was recovered, should be released on bail in Ladaniya P.S. Case No. 210 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

Court's answer

Considering the facts, circumstances and clean antecedent of the petitioner, the petitioner was ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Madhubani, in connection with Ladaniya P.S. Case No. 210 of 2024.

Ratio / Principle

Bail made conditional on verification of the petitioner's criminal antecedent before acceptance of the bail bonds; if the petitioner is found involved in any case other than the present one, his bail bonds shall not be accepted.

Key takeaways

Further condition imposed that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), by order dated 25-09-2024 in Criminal Miscellaneous No.66541 of 2024, allowed the bail application of Md. Raju Alam @ Md Raju Alam Mukhiya in connection with Ladaniya/Ladania P.S. Case No. 210 of 2024 (District Madhubani), registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The allegation was recovery of 945 litres of Nepali country-made illicit liquor from bags kept on a Scorpio with which the petitioner was said to be connected as owner; the petitioner claimed innocence, asserted no incriminating article was recovered from his conscious possession, and had been in custody since 10-07-2024. Considering the facts, circumstances and the petitioner's clean antecedents, the Court released him on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Madhubani, subject to the conditions that (i) his criminal antecedent be verified before acceptance of the bail bonds and the bonds not be accepted if he is found involved in any case other than the present one, and (ii) he cooperate with the trial and make himself available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66541 of 2024

Arising Out of PS. Case No.-210 Year-2024 Thana- LADANIA District- Madhubani

======================================================

Md. Raju Alam @ Md Raju Alam Mukhiya Son of Lal Mohammad R/O Vill. and P.O.- Badha Kushmar, P.S.- Khutauna, Dist.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ratnakar Jha For the Opposite Party/s : Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 25-09-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ladaniya P.S. Case No. 210 of 2024 registered for the offence punishable under Section30(a) of Bihar Prohibition and Excise Act, 2022.

Allegedly, 945 litres Nepali country-made illicit liquor was recovered from the bags, kept on a Scorpio and the petitioner belongs to owner of the vehicle, in question.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is a person of clean antecedent. No incriminating article has been recovered from conscious possession of the petitioner. Though the petitioner is bana fide

Patna High Court CR. MISC. No.66541 of 2024(2) dt.25-09-2024 2/2

owner of the Scorpio but he has no concern with the seized liquor. The petitioner is under incarceration since 10-07-2024.

Learned APP has opposed the prayer for bail.

Considering the aforesaid facts and circumstances and clean antecedent of the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise Madhubani, in connection with Ladaniya P.S. Case No. 210 of 2024 with the following condition:

(i) Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any case other than the present one, his bail bonds shall not be accepted.

(ii) The petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

Priyanka/-

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