Siraj Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.1365 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1365 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -IMAMGANJ District- GAYA ====================================================== Siraj Alam, S/o- Jainul Ansari, R/o- Village- Chhakanbagh, P.S.- Kutumba, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Jubair Ansari For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 02.10.2016 in connection with Imamganj (Gaya) P.S. Case No. 166 of 2016 registered under Sections 212/34 of the Indian Penal Code and Section 17 of the C.L.A. Act.

3.

According to prosecution, 50 kgs. Boiled fish, which were being supplied to the Maowadi, were recovered from the Bolero vehicle.

4.

Learned counsel for the petitioner has submitted that the petitioner is said to be the driver of the alleged vehicle and he has nothing to do with the recovered articles. No specific allegation is leveled against this petitioner nor the petitioner is related to the banned Maowadi Organization. The petitioner has also got clean antecedent and languishing in jail for more than three months. Moreover, similarly

Patna High Court Cr.Misc. No.1365 of 2017 (2) dt.16-01-2017 situated co-accused, namely, Md. Mustak and Md. Sahmse Alam @ Sahmse Alam have already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 53845 of 2016. 4.

Considering the facts and circumstances and nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya in connection with Imamganj (Gaya) P.S. Case No. 166 of 2016.

(Arvind Srivastava, J) brajesh/- U T