Md. Eklakh Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7198 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== Md. Eklakh Khan S/o Abdul Wajid @ Abdul Wajid Khan @ Vajid Khan Resident of Village - Marha, P.S. - Manjhi, District - Chhapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Maheshkhunt P.S. Case No. 178 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

437.4 litres of foreign liquor has been recovered from a pick-up van of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner being driver was not aware about the nature of consignment being transported by the vehicle in question and has got no concern with the seized liquor. Petitioner is in custody since 01.11.2021 having no criminal antecedent, as stated in para 3 of the petition.

Patna High Court CR. MISC. No.7198 of 2022(2) dt.07-04-2022 2/2 Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, 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 Special Judge Excise 2nd, Khagaria in connection with Maheshkhunt P.S. Case No. 178 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T