Imran Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24195 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Imran Alam Son of Taj Mohammad Resident of Village- Kaparpura, P.S.- Uchakagaon, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Kuchaikote P.S. Case No. 89 of 2020, registered for the offence under Sections 420, 467, 468, 471, 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act and Section 25(1-b)a, 26(i), 35 of Arms Act.

As per prosecution case, on 08-03-2020, when the police was on patrolling duty, two persons were seen coming on motorcycle with some thing in a sack, but after seeing the police party, they started fleeing away, however; on chase, this petitioner was caught and during his search, one country-made revolver and one Samsung touch screen mobile were recovered and from motorcycle, 35.580 liters of foreign and country-made liquor was recovered.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has falsely been

Patna High Court CR. MISC. No.24195 of 2020(2) dt.21-09-2020 2/2 implicated in this case due to suspicion. Nothing has been recovered from the conscious possession of petitioner. It is further submitted that neither seized motorcycle nor seized liquor or arms belong to petitioner. The petitioner is in custody since 09-03-2020, having no criminal antecedent. Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - II, Gopalganj, in connection with Kuchaikote P.S. Case No. 89 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J) anay/- U T