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Patna High CourtCR. MISC./27203/2018bail granted

Md. Sakir Alam v. The State Of Bihar

2018-05-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27203 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -BAUSI District- PURNIA ====================================================== Md. Sakir Alam, son of Md. Fakir, resident of village Malin Ghawn, Police Station Gwal Pokhar, District Uttar Dinajpur, West Bengal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

131 liters of foreign liquor is said to have been recovered from the dicky of Hyundi car and petitioner was apprehended in course of escaping from the car while one another accused managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or vehicle in question. He has been

Patna High Court Cr.Misc. No.27203 of 2018 (02) dt.03-05-2018 2/ 2 falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and the main culprit managed to escape. He has no criminal antecedent and has been languishing in custody since 17.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 3rdAdditional Sessions Judge-cum-Special Judge Excise, Purnia in connection with Baisi P.S. Case No.69 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T