Md. Ekhlaque Alam @ Ekhalaque @ Ekhlaque Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51528 of 2016 Arising Out of PS.Case No. -641 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Ekhlaque Alam @ Ekhalaque @ Ekhlaque Alam, son of Amiruddin, resident of village - Hariabara, Police Station & District - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 24.09.2016 in connection with Araria P.S. Case No.641 of 2016 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 47, 51, 54 and 57 of the Excise Act.
The prosecution case is that police, on secret information, intercepted black zest car and found five persons including the petitioner sitting in the car and recovered 20 bottles of foreign liquor each containing one litre from the dickey of the said car. A truck was also seized from which 20 bags each containing 20 bottles of foreign wine was recovered. . It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.51528 of 2016 (2) dt.05-12-2016 2/2 petitioner that he has no criminal history and is innocent and has been falsely implicated. It has further been submitted that another co-accused on similar allegation has since been granted the privilege of bail by this Court in Cr. Misc. No. 51220 of 2016 on 30.11.2016.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No.641 of 2016. (Nilu Agrawal, J.) Arjun/- U T