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Patna High CourtCR. MISC./46451/2016bail granted

Md. Tahir Aalam v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.46451 of 2016 (2) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46451 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Tahir Aalam S/o Md. Sagir Lalbun R/o Dargah Chowk Ward no. 25 PS Madhubani Town District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s Mr. R.P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 24.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 47/57 of the Bihar Excise (Amendment) Act and 137/147 of the Railway Act.

It is alleged that 22 bottles of Nepali liquors were recovered from the conscious possession of the petitioner for which petitioner is in jail custody since 23.8.2016.

Submission on behalf of the petitioner is that petitioner has falsely been implicated in this case and, as a matter of fact, nothing was recovered from the conscious possession of the petitioner. It is further submitted that the aforesaid recovery was made from a train and the petitioner was caught only on the basis of suspicion. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that the petitioner is in jail custody since 23.8.2016, let the petitioner be

Patna High Court Cr.Misc. No.46451 of 2016 (2) dt.24-10-2016 released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Samastipur in Rail P.S. Darbhanga (Jaynagar) P.S. Case no. 70/2016.

shahid (Hemant Kumar Srivastava,J) U T