Md. Asgar v. The State Of Bihar

Patna High Court Cr.Misc. No.43599 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43599 of 2018 Arising Out of PS.Case No. -221 Year- 2018 Thana -FALKAHA District- KATIHAR ======================================================

1. Md. Asgar S/o Late Md. Abul @ Late Abdul R/o Navinagar, Athgama, P.S. Falka, Distt - Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 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) of the Bihar Prohibition and Excise Act, 2016.

85 liters of country made liquor is said to have been recovered from the possession of the four accused persons travelling in the tempo while 1 liter from in front of the seat of the driver.

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 liquor. He happens to be the driver of the

Patna High Court Cr.Misc. No.43599 of 2018 (2) dt.19-07-2018 said tempo and had no knowledge of carrying of the liquor by its commuter in the tempo. He has no criminal antecedent and has been languishing in custody since 13.06.2018. Considering the facts aforesaid, 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 A.D.J. 2nd -cumSpecial Judge, Excise Act,Katihar in connection with Falka P.S. Case No. 221 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T