Intkhab @ Md. Intkhab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41950 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ======================================================
1. Intkhab @ Md. Intkhab S/o Ekhlaque @ Md. Ekhlak, R/o Vill.- Chakai Ward no. 2, P.S.- Jokihat , District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) and 30 (b) of the Bihar Prohibition and Excise Act, 2016.
80 liters of cough syrup contained in 800 bottles is said to have been recovered from the dicky of the car and the petitioner was apprehended while another accused managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized cough syrup or the car in question. He has been
Patna High Court Cr.Misc. No.41950 of 2018 (03) dt.17-07-2018 falsely implicated in this case at the instance of his enemy. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the vehicle while the real culprit managed to escape seeing the personnel of Excise Department. He has no criminal antecedent and has been languishing in custody since 06.06.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Case No. 657 of 2018, arising out of Sadar Anchal Excise Case No. 15 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T