Patna High CourtCR. MISC./63340/2019allowed

Sakir Alam v. The State Of Bihar

2019-10-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63340 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== 1.

SAKIR ALAM S/o Sikandar Ali R/o village- Chakndra, P.S.- Kochadhaman, District- Kishanganj 2.

Hazrat Ali S/o Sikandar Ali R/o village- Chakndra, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2019 Learned counsel appearing for the petitioner submits that petitioner no. 2 has been arrested during the pendency of this application, and as such, he seeks permission to withdraw this application as against petitioner no. 1.

permission is granted.

The application, thus, stands dismissed as withdrawn as against petitioner no. 2.

Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Kochadhaman P.S. Case No. 187 of 2019 registered for

Patna High Court CR. MISC. No.63340 of 2019(2) dt.17-10-2019 2/2 the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case on basis of confessional statement of co-accused. Nothing has been recovered from his possession. Petitioner is a man of clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Kishanganj in connection with Kochadhaman P.S. Case No. 187 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T