Md. Nazim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14252 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== MD. NAZIM SAH S/o Mosibul Sah R/o Village- Kaudiya Raipur, P.S.- Nanpur, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Excise Case No. 27(O)/2022 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.

The police recovered 74.700 litres of illicit liquor from a tempo bearing Registration No. BR01PE-3654 being driven by the driver/petitioner and the petitioner was arrested. Learned counsel for the petitioner submits that the petitioner is a driver of the tempo and he plies the same at the instance of its owner and he being driver was not aware about the illicit liquor being kept therein by its owner or by its passengers. No illicit liquor has been recovered from his conscious possession. He next submits that petitioner has got no

Patna High Court CR. MISC. No.14252 of 2022(2) dt.25-05-2022 2/2 criminal antecedent and is in custody since 19.01.2022, the charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner having no criminal antecedent is in custody since 19.01.2022, he being driver of the tempo was not aware about the illicit liquor being kept therein, no illicit liquor has been recovered from his conscious possession, the chargesheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.2, Buxar in connection with Excise Case No. 27(O)/2022.

(Anil Kumar Sinha, J) perwez U T