Azad Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22215 of 2018 Arising Out of PS.Case No. -434 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================
1. Azad Alam Son of Morai Miya
2. Samshad Alam Son of Butan Miyan Both Resident of VillageMadarpur, P.S. Basantpur, District-Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned APP for State.
The petitioners seek bail in connection with Basantpur P.S. Case No. 434 of 2017 for offences punishable under Sections272, 273, 308/34 of the Indian Penal Code and Sections30(A)/34(B)/36 of Bihar Excise Amendment Act, 2016. The prosecution case as lodged by the ASI is that on secret information that three persons are carrying illicit liquor in a motorcycle, police chased the motorcycle, upon which, two persons (petitioners) were apprehended while the third accused Sonu Soni managed to flee away. From the bag on the shoulders of each of the petitioner, 15 litres country made wine was recovered. Accordingly, seizure list was prepared.
Patna High Court Cr.Misc. No.22215 of 2018 (3) dt.10-05-2018 It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have falsely been implicated in the aforesaid case. It is submitted that petitioners are languishing in judicial custody since 01-012018. He submits that charge sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and materials on record, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands) each, with two sureties of the like amount each to the satisfaction of learned Special Judge, Siwan in connection with Basantpur P.S. Case No. 434 of 2017.
(Nilu Agrawal, J) A.K.V./- U T