Kalam Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28943 of 2017 Arising Out of PS.Case No. -281 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Kalam Nadaf Son of Late Kadir Nadaf @ Hasim Nadaf, R/o VillageMuzaulia Hasim Nagar, Ward No.14, P.S.- Sonbarsa, District- Sitamarhi. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Complaint Case No.C2 281 of 2017 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition of Excise Act.

As per the prosecution case, 25.500 ML of Nepali wine is said to have been recovered from the possession of the accused Amit Kumar and the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. There is no recovery from the conscious physical possession of the petitioner. The allegations levelled against the petitioner are general and omnibus in nature. He has been languishing in jail

Patna High Court Cr.Misc. No.28943 of 2017 (06) dt.03-07-2017 2/2 custody since 11.05.2017.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Sitamarhi in connection with Complaint Case No.C2 281 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T