Afsar @ Pappu Khan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58913 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Afsar @ Pappu Khan, son of Basa, resident of Village Alipur, P.S. Kirana, District Shamli (U.P.).

2. Jangjeet Bhardwaj, son of Mange Ram, Resident of Village Titoli, P.S. Shamli, District Shamli (U.P.).

3. Anas Khan, Son of Tayab Ali, resident of Village Alipur, P.S. Kairana, District Shamli (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the State : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Siwaipatti P.S. Case No. 116 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and sections 30(A), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 882 litres of illicit liquor from a truck which was apprehended by the Police. The learned counsel for the petitioners submits that the petitioner n. 1 and 2 are the driver of the truck and the petitioner no. 3 is the cleaner of the truck, hence they were not in the

Patna High Court Cr.Misc. No.58913 of 2017 (2) dt.22-12-2017 2/2 knowledge about the load being carried in the truck and it was best known to the owner as to what was being carried in the truck. The petitioners have a clean antecedent and they are in custody since 15.10.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioners named above to be released on regular bail on furnishing bail bond of Rs. 1,00,000/- (rupees one lakh) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Siwaipatti P.S. Case No. 116 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T