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Patna High CourtCR. MISC./66878/2019bail granted

Shekh Azam Ali @ Shekh Alam Ali v. The State Of Bihar

2019-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66878 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== SHEKH AZAM ALI @ SHEKH ALAM ALI, aged about 44 years, Male, Son of Shekh Taiyyab Rahman, Resident of Bagnon Kachari Pada, P.S.- Wagnan, District- Hawara (West Bengal).

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Man Mohan Kumar, Advocate.

For the Opposite Party :

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 50 liters spirit is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 18.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the

Patna High Court CR. MISC. No.66878 of 2019(2) dt.21-10-2019 2/2 witnesses alleged against the petitioner. It is alleged that total 50 liters spirit is recovered from the bus near the seat of the petitioner. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.D.J.-IIcum-Special Judge, Excise, Nawada, in connection with G.O. Case No. 166 of 2019.

(Sudhir Singh, J) U.K./- U T