Isateyak Alam @ Isteyak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57682 of 2022 Arising Out of PS. Case No.-360 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Isateyak Alam @ Isteyak Alam, Son Of Jauwad Ansari, R/O VillageIslampur, Tiakita, P.O. and P.S.- Turkaulia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. In the present case, the petitioner seeks bail in connection with Nautan P.S. Case No. 360 of 2022 registered for the alleged offences under Section 414 of the Indian Penal code and Section 30 (a) of the Bihar Prohibition and Excise Act. As per prosecution case, the police received a tip off about the illicit liquor being transported in a car and a person was doing work of liner who was driving ahead the said car on a motorcycle. The checking of the vehicles started and the two motorcycles and the car were intercepted. From one of the motorcycles, this petitioner was apprehended. From the car and motorcycles, 224.64 liters of India made foreign liquor was recovered.

Patna High Court CR. MISC. No.57682 of 2022(2) dt.25-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of this petitioner. Neither the seized motorcycles nor the Santro car belong to this petitioner and he has no concern with the alleged occurrence. The petitioner is in custody since 30.06.2022 and is having clean antecedent. The charge sheet has been submitted in this case. Learned APP opposes the prayer for bail.

Having regard to facts and circumstances and submissions made here-in-above and considering the period of custody of the petitioner and the submission of charge sheet along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran, in connection with Nautan P.S. Case No. 360 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.57682 of 2022(2) dt.25-11-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T