Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15927 of 2019 Arising Out of PS. Case No.-347 Year-2016 Thana- PURNEA SADAR District- Purnia ====================================================== MD. ALAM about 45 years, Male, Son of Jawed Resident of Village - Ram Ghat, P.S.-Muffasil, District - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sadar (Muffasil) P.S. Case N0. 347 of 2016, disclosing offences under Sections 457,380,411 of the Indian Penal Code and Section 53B of the Bihar Prohibition and Excise Act, 2016.

As per the case of the prosecution disclosed in the First Information Report, the informant found two persons fleeing away from his house in the night and when one of them Chandan Mhaldar was apprehended by the villagers, the informant's mobile was recovered from his possession. Said Chandan Mahaldar is said to have disclosed the petitioner's name as his accomplish.

Patna High Court CR. MISC. No.15927 of 2019(2) dt.14-03-2019 2/3 Chandan Mahaldar was found to be in an inebriated condition.

Learned counsel for the petitioner is correct in his submission that even if what has been alleged in the First Information Report is treated to be correct, no offence under the provisions of Bihar Excise Act can be made out against him. If there is any allegation of consumption of alcohol, the same is on suspicion and that too, against co-accused Chandan Mahaldar. I find substance in the submission made on behalf of the petitioner.

Since the petitioner's name has surfaced only on the basis of disclosure by co-accused, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-Cum-Special Judge, Excise, Purnea in Sadar (Muffasil) P.S. Case No. 347 of 2016, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.15927 of 2019(2) dt.14-03-2019 3/3 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U