Md. Jabbar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13347 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- BAUSI District- Purnia ====================================================== MD. JABBAR @ MUNNA S/o Late SK. Subarati Resident of Panchampura Madar Chowk, Katni, P.S.- Katni, District- Jabalpur (Madhya Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha Mr. Bhola Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-05-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Special Excise Case No. 52 of 2020 (Baisi P.S. Case No. 26 of 2020), disclosing offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41, 47 of Bihar Prohibition and Excise Act, 2016.

It is alleged that from a truck bearing Registration No. AS01EC-1031, 3631.275 litres of various brands of foreign liquor was recovered by the police. The petitioner was found to be driving the said truck.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner was merely a driver of the vehicle and he did not know about the articles which were loaded in the

Patna High Court CR. MISC. No.13347 of 2020(3) dt.29-05-2020 2/2 truck. He submits that the petitioner was driving the vehicle on the instructions of co-accused Nanki Shah.

Be that as it may, considering the huge quantity of foreign liquor, said to have been recovered from the truck, which was in possession of the petitioner in his capacity as driver of the vehicle, I am not inclined to grant the petitioner privilege of regular bail.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, J) Rajesh/- U T