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Patna High CourtCR. MISC./27602/2017bail granted

Md. Shahnawaz Alam @ Md. Shahanwaz Alam v. The State Of Bihar

2017-06-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27602 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -ROSERA District- SAMASTIPUR ====================================================== Md. Shahnawaz Alam @ Md. Shahanwaz Alam S/o Md. Sakir Hussain, Resident of Village- Chandchaur Ward No. 13, P.S. Rosera, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rosera P.S.Case No. 125 of 2017 registered for the offences punishable under Sections 30, 38 and 47 of Bihar Excise Act. Allegation as per FIR is that police has raided the house of co-accused Prabhat Kumar and 12 bottles, each contains 750 ml. of foreign liquor has been recovered and from the petitioner 750 ml. of foreign liquor has been recovered from his motorcycle.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and has falsely been implicated in this case and he is in custody for about one month. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.27602 of 2017 (2) dt.23-06-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-VI, Samastipur, in connection with Rosera P.S.Case No. 125 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U