Mohammad Merajul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14540 of 2020 Arising Out of PS. Case No.-142 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== MOHAMMAD MERAJUL Son of Aas Mohamad Dewan @ Ashmohammad Devan Resident of Village - Jhakhiya, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 892.5 liters wine is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.11.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 892.5 liters wine is recovered from the truck in question. The
Patna High Court CR. MISC. No.14540 of 2020(2) dt.02-03-2020 2/2 petitioner is the owner of the truck in question. He had no knowledge regarding the nature of goods booked by the transporter. The petitioner has been made accused due to mistake of fact. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Gopalganj in connection with Mirganj P.S. Case No. 142 of 2018.
(Sudhir Singh, J) Pankaj/- U T