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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78275 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- SIKTI District- Araria ====================================================== Md. Majbar Alam @ Majbar Alam Son of Sk. Imamuddin, Resident of village and Police Station- Sikty, District- Araria.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Respondent/s :

Mr.Sri Humayou Ahmad Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sikty P.S. Case No. 208 of 2018, (Special Case No. 1482 of 2018), registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 54 liters of Nepali wine which was kept on the motorcycle of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion only. Nothing was recovered from conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 25.11.2018.

Patna High Court Cr.Misc. No.78275 of 2018(2) dt.15-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Sikty P.S. Case No. 208 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T