Md. Samsher Alam @ Samsher Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33049 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- DAGARUA District- Purnia ====================================================== Md. Samsher Alam @ Samsher Alam, son of Md. Avid, Resident of villageGeravari Amol, P.S. Phalka, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Dagrua P.S. Case No. 41 of 2018 for the offence under Sections 272 & 273 of the Indian Penal Code & 30(A) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner was apprehended in this case as he was plying the vehicle in which the foreign liquor was seized by the police. He further submits that the petitioner is a driver and was not aware of the liquor kept in the vehicle. Referring to the statement made in para-3 to the petition he submits that the petitioner is a driver and he has no criminal antecedent and he was not aware of the liquor kept in the vehicle. He was neither the owner of the

Patna High Court Cr.Misc. No.33049 of 2018(2) dt.04-06-2018 2/2 vehicle nor the owner of the liquor.

In view of the above, let the petitioner, above named, be released 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 Special Judge (Excise), Purnea in connection with Dagrua P.S. Case No. 41 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U T