Md Safdar Alam@ Md Sabdar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71214 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- DANDKHORA District- Katihar ====================================================== MD SAFDAR ALAM@ MD SABDAR SON OF MD. NASRUDDIN @ NUNKU RESIDENT OF D.S COLLEGE ROAD, IMLIGACHHI, RASULPUR CHOWK, P.S- NAGAR KATIHAR, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shilpi Keshri, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dandkhora P.S. Case No. 67 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, in course of vehicle checking, stopped one Tata Sumo Gold vehicle, but on seeing the police party, the driver of the said vehicle succeeded in fleeing way, however the police arrested the passengers of the said vehicle and recovered

Patna High Court CR. MISC. No.71214 of 2021(2) dt.06-06-2022 2/3 291 litres of illicit liquor from the said vehicle. The apprehended co-accused disclosed the name of the present petitioner as driver of the said vehicle.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Nothing was recovered from conscious possession of the petitioner. He further submits that petitioner is driver of the said vehicle. Petitioner bears criminal antecedent of two cases and he is in custody since 10.10.2021. He further submits that charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond or tamper with the evidence. He further submits that having more or less similar allegation, co-accused Md. Jamaluddin has been granted bail by a co-ordinate Bench of this court vide order dated 23.05.2022 passed in Cr. Misc. No. 69226 of 2021.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.71214 of 2021(2) dt.06-06-2022 3/3 connection with Dandkhora P.S. Case No. 67 of 2021, subject to following conditions:- (i) The petitioner shall be released after framing of charges.

(ii) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(Alok Kumar Pandey, J) shahzad/- U T