Ali Asgar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17881 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ali Asgar Alam, Son of Kasmuddin Mansuri, resident of village - Madhopur, P.S. Chiraiya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 14.01.2017 in connection with Chhatauni P.S. Case No. 11/17 for offences punishable under Sections 413, 414, 34 of the Indian Penal Code and Section 30A of the Bihar Prohibition and Excise Act.

The prosecution case is that on a secret information the Officer-in-Charge of the concerned police station apprehended the petitioner and others who where driving the two Bolero vehicles. From the vehicle of the petitioner nothing was recovered, although six bottles of Nepali Soffy wine of 300 ml each was recovered from the Bolero vehicle of other three accused

Patna High Court Cr.Misc. No.17881 of 2017 (4) dt.20-06-2017 2/2 persons.

It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the aforesaid case and nothing has been recovered from the Bolero vehicle of the petitioner or from his conscious possession and that the petitioner has no criminal history.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chhatauni P.S. Case No. 11/17. (Nilu Agrawal, J) Rajesh/- U T