Md. Ershad Alam @ Md. Irshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18075 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- DAGARUA District- Purnia ====================================================== MD. ERSHAD ALAM @ MD. IRSHAD ALAM, S/O- Md. Shaukat, Ressident of Vill - Rajpur, P.S. - Kishanpur, District - Supoul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-05-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 272, 273 of the Indian Penal code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery 243 liters of illicit liquor from the car of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his conscious possession.

Patna High Court CR. MISC. No.18075 of 2020(2) dt.14-05-2020 2/3 Petitioner is friend of Driver Shakib and he took lift in car. He has no concerned with regard to illicit liquor. Petitioner is in custody since 09.02.2020 having no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dagrua P.S. Case No. 18 of 2020 (Special Excise Case No. 77 of 2020), subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on

Patna High Court CR. MISC. No.18075 of 2020(2) dt.14-05-2020 3/3 bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) veena/rajiv U T