Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19542 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Abbas, S/o Late Abdul Gafoor, Resident of Village- Raghopura, P.S.- Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bahadurpur P.S. Case no. 46 of 2018 registered under Sections 30(a), 41 of Bihar Prohibition & Excise Act-2016. 90 lts. of foreign liquor is said to have been recovered from the Bolero vehicle and petitioner who happens to be its driver was apprehended while one other accused, namely, Md. Alamgir managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He had no knowledge of transporting the

Patna High Court Cr.Misc. No.19542 of 2018(2) dt.27-04-2018 2/2 aforesaid liquor in the vehicle by its commuter who managed to escape seeing the police party. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 09.02.2018. The charge-sheet in the case has already been submitted. Co-accused Md. Alamgri has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 19.03.2018 passed in Cr. Misc. no. 15832 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned IVth Addl. Sessions Judge-cum-Special Judge (Excise), Darbhanga in connection with Bahadurpur P.S. Case no. 46 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T