Shadique Alam @ Shadik Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31912 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- RAUTA District- Purnia ====================================================== SHADIQUE ALAM @ SHADIK ALAM Son of Kafiluddin Resident of Village- Dahuabari, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks regular bail in connection with Routa P.S. Case No. 17 of 2021 (arising out of Special Case No. 144 of 2021) registered for the offence under Section 272 / 273 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Total quantity of 29.590 liters of illicit liquor has been recovered from the motorcycle of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case by Police with oblique motive. He further submits that at the time of seizure of the illicit liquor procedure regarding search and seizure mentioned in the Cr.P.C. as well as Excise Act has not been

Patna High Court CR. MISC. No.31912 of 2021(2) dt.13-12-2021 2/2 followed, petitioner is in custody since 10-02-2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that charge sheet has already been submitted and the petitioner is in custody since 10/02/2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Purnea in connection with Routa P.S. Case No. 17 of 2021 (arising out of Special Case No. 144 of 2021).

(Anil Kumar Sinha, J) praful/- U T