Badsah @ Sajjad Alam @ Md. Sajjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36642 of 2024 Arising Out of PS. Case No.-95 Year-2019 Thana- BAISI District- Purnia ====================================================== Badsah @ Sajjad Alam @ Md. Sajjad Alam S/O Late Md. Kalam R/O Village- Khuskibagh, P.S- Sadar, Distt.- Purnea, At Present Residing At Mohalla Line Bazar Muzaffar Ahmad Nagar, P.S- K.Hat (SAHAYAK), Distt.- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Baisi P.S. Case No. 95 of 2019 dated registered for the offences punishable under sections 272, 273 of the Indian Penal Code and u/ss 30(a), 41, 47 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 810 litres of illicit foreign liquor was recovered from a Pickup Van.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.36642 of 2024(2) dt.14-05-2024 2/2 possession of the petitioner. The name of the petitioner has sprung up in this case on the basis of confessional statement of the co-accused Md. Rijwan. The petitioner has three criminal antecedents and in all cases he is on bail as stated in para 3 of the bail petition. Similarly situated co-accused has already been granted regular by a coordinate Bench of this Court vide order dated 28.06.2019 passed in Cr. Misc. No. 39723 of 2019. The petitioner is in custody since 23.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Baisi P.S. Case No. 95 of 2019.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T