Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32402 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== Noor Alam S/o- Enul Miyan Resident of Village- Bavandi, P.S.- Siswan (Chainpur O.P.), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Sinhg, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Charpokhari P.S. Case No. 01 of 2021 instituted for the offences under Sections 420, 379 and 34 of the Indian Penal Code read with Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.32402 of 2021(2) dt.26-11-2021 2/2 perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that 1230.12 litres of Indian made foreign liquor was recovered from the house and vehicle of one Amrendra Kumar Singh @ B.P. Mandal.

Learned counsel for the petitioner submits that the petitioner has no concern with the recovered liquor and nothing has been recovered from his possession.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Judge, Excise, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 01 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T