Safik Alam @Safique Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29110 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SIKTI District- Araria ====================================================== Safik Alam @Safique Alam Son Of Sukradi Village -Kuchaha, Ward No. 04, Ps -Sikty, District -Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddhi Aashana Adv.
For the Opposite Party/s :
Mr. Kumar Ravish, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sikti Police Station Case No. 11 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation is of recovery of total 345 liters of illicit Nepali liquor from the joint possession of petitioner and co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the
Patna High Court CR. MISC. No.29110 of 2024(3) dt.20-05-2024 2/3 possession of the petitioner. He further submits that the petitioner was arrested on running condition from the place of occurrence and there is no independent witness of the seizure list. It is next submitted that one of the co-accused has been granted bail by the Co-ordinate Bench of this court vide order dated 08.04.2024 passed in Cr. Misc. No. 26076 of 2024. Petitioner is in custody since 07.02.2024.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court No. - 2, Araria in connection with Sikti P.S. Case No. 11 of 2024.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on
Patna High Court CR. MISC. No.29110 of 2024(3) dt.20-05-2024 3/3 bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge. (Ramesh Chand Malviya, J) Mayank/- U T