Patna High CourtCR. MISC./50562/2018bail granted

Md. Ansar Alam v. The State Of Bihar

2018-08-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50562 of 2018 Arising Out of PS.Case No. -422 Year- 2018 Thana -NARPATGANJ District- ARRARIA ====================================================== Md. Ansar Alam, S/o. Md. Mustaque Alam, R/o. Village- Shikarpur, P.S.- Chakaliya, District- Uttar Dinajpur (W.B.) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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.

58.5 litres of foreign liquor is said to have been recovered from the dickey of the Tata Indigo Car and petitioner who is said to be its driver was apprehended. 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 with the seized liquor. He happens to be driver of the said car and was plying it as per the instruction of its owner without knowing keeping of the liquor in the dickey of the car by its owner. He has

Patna High Court Cr.Misc. No.50562 of 2018 (2) dt.16-08-2018 2/2 no criminal antecedent. He has been languishing in custody since 14.07.2018.

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 Additional Sessions Judge-IInd cum Special Judge, Excise, Araria in connection with Special Case No. 805 of 2018 arising out of Narpatganj P.S. Case No. 422 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T