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Patna High CourtCR. MISC./22516/2020allowed

Jamshed Alam v. The State Of Bihar

2020-08-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22516 of 2020 Arising Out of PS. Case No.192 Year-2020 Thana- Kuchaikote District-Gopalganj ====================================================== Jamshed Alam, aged 29 years Male Son of Habibullah @ Habibullah Dewan, Resident of Village- Sasamusa, P.S.- Kuchaikote, District Gopalganj ... ... Petitioner

Versus

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

For the Petitioner : Mr. Nafiszuhha, Advocate For the Opposite Party : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 26-08-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kuchaikote P.S. Case No. 192 of 2020 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 33.640 litres of country made liquor was seized. Learned counsel submits that the petitioner was not apprehended at the spot and his name was disclosed by co-accused Nitesh Kumar Sharma. Petitioner is in custody since 04.06.2020.

Considering the fact that the petitioner has no criminal antecedent and his name surfaced on the confessional statement of co-accused Nitesh Kumar Sharma, the Court is inclined to grant bail to him.

Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. II-cumSpecial Judge Excise, Gopalganj in connection with Kuchaikote P.S. Case No. 192 of 2020.

(Anil Kumar Upadhyay, J) BT/- U T