Md. Alam Siddique @ Alam Shidhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17579 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== MD. ALAM SIDDIQUE @ MD. ALAM SHIDHKI SON OF MD. RAFIQUE MIYAN @ MD. RAFIK MIYA R/O- AMRAUL, P.S.- CHAUPARAN, DISTRICT- HAZARIBAGH, JHARKHAND.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 419, 188 and 171 of the Indian Penal Code, sections 20, 25(1-B)(a), 26 and 30 of the Arms Act and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per allegations in the F.I.R., on a raid being conducted, it is stated that the six named accused persons attempted to escape but were caught. From possession of the petitioner, Aadhar card, ATM card, Rs.20,000/ in cash and other documents were recovered while some arms and ammunitions were recovered from the other accused persons. It is stated that a

Patna High Court CR. MISC. No.17579 of 2021(2) dt.04-09-2021 2/2 total of 13 litres of liquor was recovered from the two vehicles. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the personal possession of the petitioner who has been falsely implicated in the case under a misunderstanding. He is in custody since 8.10.2020 and has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with N.H. Bangara P.S. Case no.117 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II-cum-Special Judge, Excise, Samastipur.

(Partha Sarthy, J) Saurabh/- U T