Nadim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16282 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -SONO District- JAMUI ======================================================

1. Nadim Ansari son of Md. Nayanim Ansari Resident of Village Khudripur, P.S. Dalsingsarai, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sono P.S. Case No.336 of 2017 registered under Section 272 & 273 of the Indian Penal Code and Section 30 (a) & 41 of the Bihar Prohibition and Excise Act, 2016.

51.840 liters of foreign liquor is said to have been recovered from the Swift Dzire car and its driver Ajit Ray and petitioner were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He has neither any concern with the

Patna High Court Cr.Misc. No.16282 of 2018 (02) dt.21-03-2018 2/ 2 seized liquor nor with the vehicle concern. He happens to be simple commuter of the said vehicle. He had no knowledge of keeping the said liquor in the vehicle. He has no criminal antecedent. The driver of the vehicle, namely, Ajit Ray has been enlarged on bail by this Court in Cr. Misc. No.7602 of 2018 vide order dated 15.02.2018. The petitioner has been languishing in custody since 18.12.2017.

In the facts and circumstances of the case, the above named petitioner 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 A.D.J.-II, Jamui, in connection with Sono P.S. Case No.336 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T