Alamgir Alam @ Alamgir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.712 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Alamgir Alam @ Alamgir Khan Son of Lallu Khan Resident of Opp. Govt. Bus Stand Behind Mamta Hospital, House of Teni Mistri, Kashitakya, Village - Bhainsasoor, P.S. - Laheri, District - Nalanda, Biharshariff ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jakkanpur P.S. Case no. 398 of 2020 registered under section 273 of the Indian Penal Code and sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., 57 litres of IMFL and 32 litres of beer are stated to have been recovered. While the petitioner was arrested at the spot, one of the accused persons namely Raju managed to escape.

It is submitted by learned counsel for the petitioner that no recovery of any incriminating article has taken place

Patna High Court CR. MISC. No.712 of 2021(2) dt.19-03-2021 2/2 from the possession of the petitioner. The petitioner happens to be the cleaner of another bus and was standing nearby leading to his arrest under misconception. He has no criminal antecedent and is in custody since 31.8.2020 i.e for more than 6 months. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 31.8.2020 and not having any criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Jakkanpur P.S. Case no. 398 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge, Excise Act, Patna.

(Partha Sarthy, J) Bibhash/- U T