Md Kalam Alam @ Feku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38019 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- SIKTI District- Araria ====================================================== MD KALAM ALAM @ FEKU SON OF MD GAFUR HAQUE @ LATE GAFUR @ GAFUR RESIDENT OF VILLAGE - MURARIPUR, WARD NO. 2, POLICE STATION - SIKTY , DISTRICT - ARARIA ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

105 liters of Nepali country made liquor is said to have been recovered from a motorcycle and the driver of the motorcycle managed to escape.

Patna High Court CR. MISC. No.38019 of 2020(2) dt.05-02-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor or the motorcycle in question. He has been falsely implicated in this case at the instance of his enemy due to animosity. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the co-accused, Abu Talib which has no evidentiary value in the eye of law. Petitioner is not the owner of the motorcycle in question rather the co-accused Abu Talib is the owner of the motorcycle. Petitioner has no criminal antecedent and has been languishing in custody since 12.09.2020.

Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38019 of 2020(2) dt.05-02-2021 3/3 satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise, Araria in connection with Sikty P.S. Case No. 143 of 2020, corresponding to Special Case No.585 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T