Md. Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9804 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- BAISI District- Purnia ====================================================== MD. AHMAD S/o - Md. Nizam @ Nazam Resident of Village- Chakwa, P.S.- Dagrua, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

379.375 liters of illicit foreign liquor has been recovered from the a Mahindra XUV 500, of which, petitioner was driver and apprehended on spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was not aware about nature of consignment, which was being transported in the said vehicle and simply following the instruction of owner. Petitioner claims clean antecedent and he is in custody since 23.12.2021. Investigation is complete.

Patna High Court CR. MISC. No.9804 of 2022(2) dt.21-04-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Special Judge Excise, Purnea in connection with Baisi P.S. Case No. 380 of 2021.

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