Md Ashraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3433 of 2022 Arising Out of PS. Case No.-739 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== MD ASHRAF Son of Md. Nishad @ Nesar Ahmad Resident of Village - Sukul Khap, P.s.- Gurua, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.
As per the prosecution case, 295 liters of country made liquor has been recovered from a tempo of which this petitioner was driver and he was arrested on the spot. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner being driver of the vehicle was not aware of the nature of consignment transported through the vehicle. Petitioner claims clean
Patna High Court CR. MISC. No.3433 of 2022(2) dt.31-03-2022 2/2 antecedent and is in custody since 18.11.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Gaya in connection with Sherghati PS case No. 739/2021.
(Prabhat Kumar Singh, J) BKS/- U T