Allowed

Nurul Alam v. The State of Bihar

Patna HC1 Jul 2022CR. MISC./2276/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner charges under the Bihar Prohibition & Excise Act for alleged liquor recovery, considering clean antecedents and submitted charge-sheet, conditional on sureties and cooperation in trial.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each to the Special Judge (Excise), Kishanganj.

Nurul Alam Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2276 of 2022

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Arising Out of PS. Case No.-66 Year-2021 Thana- TERHAGACHH District- Kishanganj

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======================================================

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NURUL ALAM SON OF LAL MOHAMMAD R/O VILLAGE- BHORHA, P.S.- TERHAGACHH, DISTRICT- KISHANGANJ

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amal Kumar Sinha For the Opposite Party/s : Mr.Sucheta Yadav ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 01-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding.

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The petitioner seeks bail in connection with Special Case No. 473 of 2021 arising out of Terhagachh P.S. Case No. 66 of 2021 registered for the offences punishable under Sections 30(a) and 41(1) of Bihar Prohibition & Excise Act.

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As per prosecution case, there is alleged recovery of 87 litre Nepali liquor from the jute bags of the petitioner.

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Learned counsel for the petitioner submits that petitioner is in custody since 15.10.2021. Petitioner bears no criminal antecedent. Charge-sheet has been submitted in the

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Patna High Court CR. MISC. No.2276 of 2022(3) dt.01-07-2022 2/3

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case and there is no likelihood of tampering the prosecution evidence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. He further submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the instant case only on suspicion.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge-sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise), Kishanganj in connection with Special Case No. 473 of 2021 arising out of Terhagachh P.S. Case No. 66 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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Patna High Court CR. MISC. No.2276 of 2022(3) dt.01-07-2022 3/3

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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

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(Alok Kumar Pandey, J)

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shahzad/amit

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U T

Nurul Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nurul Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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