Patna High CourtCR. MISC./43865/2024bail granted

Md. Saddam @ Sadre Alam v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43865 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Md. Saddam @ Sadre Alam SON OF ATAUR RAHMAN VILLAGEGADHWA DHOBIYA TOLA, PS- SHEOHAR, DIST- SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sheohar P.S. case No. 100 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 88.2 liters liquor was recovered from the shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has come on

Patna High Court CR. MISC. No.43865 of 2024(2) dt.25-06-2024 2/2 the basis of disclosure made by local Chowkidar. The petitioner is in custody since 04.05.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court below/concerned Court in connection with Sheohar P.S. case No. 100 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T