Wali Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27557 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== WALI ALAM Son of Shekh Idrish Resident of Village - Madhuban, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shamimul Hoda, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)A, 25(1-b)AA, 25(1b)AAA, 25(1-b)a, 26 and 35 of the Arms Act and 30(a) , 41 of the Bihar Excise and Prohibition Act.

Prosecution case as lodged by the police personnel is

Patna High Court CR. MISC. No.27557 of 2020(2) dt.21-10-2020 2/2 that on secret informant that some persons are assembled for selling cartridges, he along with patrolling parties reached near place of occurrence and arrested 5 accused persons including the petitioner. On search, 100 pieces of live carriages and one mobile were recovered from the accused persons including the petitioner.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner and he has been falsely implicated in this case. He submits that similarly situated person has been granted bail by this Court in Cr. Misc. No. 20094 of 2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.02.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail after 08.11.2020 on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Brahmpura P.S. Case No. 34 of 2020. (Anjani Kumar Sharan, J) devendra/- U T