Altamas Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49754 of 2018 Arising Out of PS. Case No.-402 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Altamas Hussain, S/o Sahid Hussain, R/o Naya Bazar, Gaddi Mohalla P.S.- Bank More, District- Dhanbad, Jharkhand.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachatti P.S. Case no. 402 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

96 lts. of country made liquor is said to have been recovered from Maruti Indigo car and petitioner and two other accused persons sitting in the said car were apprehended. Petitioner is said to be the liquor trafficker. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either

Patna High Court Cr.Misc. No.49754 of 2018(2) dt.14-08-2018 2/2 with the seized liquor or with the car in question or any trade of liquor. He happens to be simple commuter of the said car and was travelling in it without any knowledge of keeping of liquor in it in the plastic bag by its driver. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 17.06.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court, Gaya, Bihar in connection with Barachatti P.S. Case no. 402 of 2018.

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