← Library
Patna High CourtCR. MISC./49348/2017bail granted

Md. Tohid Alam @ Md. Tohid v. The State Of Bihar

2017-10-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49348 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ====================================================== MD. TOHID ALAM @ MD. TOHID, S/o Late Sk. Jamid, R/o VillageSohragachhi, P.S.- Azamnagar (Salmari O.P.), District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Azamnagar P.S. Case No. 227 of 2017 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act. Allegation is of recovery of 30 litres of liquor from a tempo and petitioner was arrested at the spot and other co-accused fled away.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is driver of the tempo and he has nothing to do with the seized articles. Further submission is that he is in custody for more than three months having no criminal antecedent.

Patna High Court Cr.Misc. No.49348 of 2017 (2) dt.13-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, 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 Additional District Judge-II-cum-Special Judge, Excise Act, Katihar, in connection with Azamnagar P.S. Case No. 227 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U