Md. Shahid Alam @ Asrani @ Shahid Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33662 of 2022 Arising Out of PS. Case No.-371 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== MD. SHAHID ALAM @ ASRANI @ SHAHID KHAN S/o Md. Shahud Khan R/o village- Faijabad, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a checking being conducted it is stated that about 630 litres of liquor was recovered from the vehicle of the accused persons. Further on enquiry from the accused persons they disclosed that they work for a gang of which the petitioner happens to be the boss. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was withdrawn vide order dated 11.3.2022 (Annexure-1) passed in Cr. Misc. no.61355 of 2021. On merits, it is submitted that on perusal of the FIR it would transpire that the petitioner was not arrested at the spot. The only material against him is the

Patna High Court CR. MISC. No.33662 of 2022(2) dt.13-07-2022 2/2 statement of coaccused made before the police. The delay in his surrender was because of his false implication in other case. He is in custody since 5.8.2021 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot along with illicit liquor together with the petitioner having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Sheikhpura P.S. Case no. 371 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II, Sheikhpura.

Bibhash/- (Partha Sarthy, J) U