Md. Sahajad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12199 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== MD. SAHAJAD SON OF MD. KALIM R/O VILLAGE- MADANPUR, WARD NO.09, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(i)(3) &41(1)

(2) of the Bihar Prohibition and Excise Amendment Act. Prosecution case relates to recovery of 600 litres of illicit liquor from a tempo and petitioner, who was driving the said tempo was apprehended on spot after chase made by the police.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Co-accused Raushan Kumar is the registered owner of the said tempo and he

Patna High Court CR. MISC. No.12199 of 2023(2) dt.09-05-2023 2/2 hired the petitioner as driver on monthly payment of Rs. 12,000/-. He has no concern with the alleged recovery or with the vehicle in question. He is languishing in judicial custody since 3.1.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Excise P.S. Case No. 07 of 2023.

(Sunil Kumar Panwar, J) subham/- U