Patna High CourtCR. MISC./39476/2017bail granted

Sagir Alam v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39476 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -HUSAINGANJ District- SIWAN ====================================================== Sagir Alam, son of Fateh Alam, resident of village-Jalalpur (Hasanpura), Police Station-M.H.Nagar, District-Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Jitendra Kumar Giri, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 28.02.2017 in Hussainganj (M.H.Nagar) P.S. Case No.44/17 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Section-41(i) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that nothing was recovered either from conscious possession of the petitioner or from his house, rather in the case, recovery of huge quantity of Indian Make Foreign Liquor was shown from the roof of the house of one of the co-accused Subhan Mian and the petitioner has been made accused only on suspicion. By way of referring to the statement made in paragraph-3 of the petition,

Patna High Court Cr.Misc. No.39476 of 2017 (2) dt.19-08-2017 2/2 learned counsel for the petitioner submits that the petitioner is having clean antecedent.

Considering the nature of accusation, clean antecedent, period of custody as well as the fact that the petitioner has been made accused only on suspicion, let the petitioner, namely, Sagir Alam be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj (M.H.Nagar) P.S. Case No.44/17.

(Rakesh Kumar, J) NKS/- U T