Murshid Alam @ Md. Murshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64060 of 2023 Arising Out of PS. Case No.-259 Year-2020 Thana- BAUNSI District- Banka ====================================================== MURSHID ALAM @ MD. MURSHID ALAM son of Late Md. Alim VillageFarsara Ps- Dalkola Dist- Uttar Dinajpur W.B ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-12-2023 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner has been rejected vide order dated 15.05.2023 passed in Cr. Misc. No. 23909 of 2023 considering the antecedents of the petitioner with an observation that he can renew his prayer for bail after getting bail in all other cases pending against him.

2. Heard the learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Special Excise Case No. 552 (A) of 2020 arising out of Bounsi P.S. Case No. 259 of 2020 registered for the offence under Sections 411, 420, 468, 469, 471 of the Indian Penal Code and 30(a), 32, 33 and 34 of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.64060 of 2023(4) dt.08-12-2023 2/3 2016.

4. As per the prosecution case, 1179 liters of liquor is said to have been recovered from the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been granted bail in all other cases pending against him and he is in custody in connection with the present case since 20.12.2022.

6. Learned A.P.P. Shri Sanjay Kumar Pandey has submitted that he has verified the supplementary affidavit and the statement made on oath is correct.

7. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

8. Let the petitioner, above named, 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 the learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No. 552 (A) of 2020 arising out of Bounsi P.S. Case No. 259 of 2020.

9. As a condition of this order, the petitioner is directed to mark his attendance at Dalkola Police Station, District-Uttar Dinajpur, West Bengal on first and third Sunday of each month . Any default in appearance at the Police Station

Patna High Court CR. MISC. No.64060 of 2023(4) dt.08-12-2023 3/3 would result in cancellation of bail bond of the petitioner.

10. Let a copy of this order be communicated to the Superintendent of Police, Uttar Dinajpur, West Bengal through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U T