Amir Ali @ Bacha Mian @ Amir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19591 of 2023 Arising Out of PS. Case No.-89 Year-2021 Thana- THAWE District- Gopalganj ====================================================== Amir Ali @ Bacha Mian @ Amir Alam, Son of Nawajish Mian, Resident of Village - Chhotka Jagmalwa, P.S.- Thawe, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Thawe P.S. Case No. 89 of 2021 dated 11.04.2021 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act .
3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 670 litres of country made liquor and the same is stated to have been recovered from Scorpio vehicle but the petitioner was not apprehended at the spot and as per the FIR petitioner's name was disclosed by local police chaukidar and admittedly the alleged vehicle was intercepted in the night and the petitioner has fair and clean antecedent and similarly
Patna High Court CR. MISC. No.19591 of 2023(2) dt.10-05-2023 2/2 situated two co-accused persons namely, Tanvir Mian @ Tanvir Alam and Gufran Ali have been granted bail by different benches of this court vide orders passed in Cr. Misc. No. 49160 of 2021 and Cr. Misc. No. 53389 of 2021 respectively and the petitioner himself surrendered before the trial court and he has been languishing in jail since 22.01.2023 and against him the investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Thawe P.S. Case No. 89 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T