Mohamad Shahid Alam @ Asarani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60111 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- JAYRAMPUR District- Sheikhpura ====================================================== MOHAMAD SHAHID ALAM @ ASARANI Son of Sahud Khan Resident of village - Faijabad, Police Station - Barbigha, District - Sheikhpura (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 141 of 2021 arising out of Jairampur P.S. Case No. 08 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of illicit liquor, stored in a government building, from near an old tube well, situated therein. The name of the petitioner has transpired in the present case upon disclosure made by the co-accused person who has stated that the petitioner is also dealing in illicit liquor trade. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 05.08.2021. The learned counsel for the petitioner

Patna High Court CR. MISC. No.60111 of 2021(2) dt.16-12-2021 2/2 has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the place from where it was recovered, belongs to the petitioner. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the place from where illicit liquor has been recovered, belongs to the petitioner nor the illicit liquor has been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 Additional and Sessions Judge-II, Sheikhpura in connection with Excise Case No. 141 of 2021 arising out of Jairampur P.S. Case No. 08 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T