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Patna High CourtCR. MISC./1648/2018bail granted

Meraj Alam v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1648 of 2018 Arising Out of PS.Case No. -573 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Meraj Alam S/o Samsul Haque, R/o Village- Ajgari, P.S.- Banjariya, DistEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar Sharan For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Motihari Muffasil P.S. Case No. 573 of 2017 registered under Sections 272, 273, 414 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act-2016. 34.5 lts. of Nepali liquor is said to have been recovered from the motorcycle and the petitioner and one other accused namely, Faruque Ansari were apprehended. It is submitted by learned counsel for the petitioner that the motorcycle, in question, does not belong to the petitioner. No incriminating article has been recovered from his conscious

Patna High Court Cr.Misc. No.1648 of 2018 (2) dt.24-01-2018 2/2 physical possession. As a matter of fact, the petitioner was standing near the place of occurrence at the time of occurrence and was apprehended by the police merely on suspicion and roped in the case. He has no criminal antecedent. The petitioner has been languishing in custody since 27.10.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, cum Special Judge Excise, East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No. 573 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T