Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46389 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== MD. ALAM Son of Md. Ibrahim @ Ibrahim Nadaf Resident of Ward No. 1, Rampatti, P.S- Rajnagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajnagar P.S. Case No. 160 of 2022 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is

Patna High Court CR. MISC. No.46389 of 2022(2) dt.13-09-2022 2/3 recovery of 45 litres of Nepali liquor.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is to act as a liner, and admittedly, no illicit liquor was made from conscious physical possession of the petitioner. It is submitted that nothing surfaced during course of investigation which may support the allegation as raised against this petitioner, who is a man of clean antecedent. While concluding the argument, it has been categorically submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged recovery of illicit liquor was not made from conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajnagar P.S. Case No. 160 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd - cumSpecial Judge Excise Act, Madhubani/concerned court, subject

Patna High Court CR. MISC. No.46389 of 2022(2) dt.13-09-2022 3/3 to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U