Md. Abas @ Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19661 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== Md. Abas @ Md. Abbas, Son of Md. Majid, Resident of Village-Daud Nagar, Madaripur, P.S.- Bidupur, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Man Mohan Kumar, Advocate For the Opposite Party :

Mr. Mrityunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner seeks bail in connection with Govindpur P.S. Case No.34 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The case of the prosecution is that the petitioner was driving a pick up van and along with him, the owner of the vehicle was also sitting in the van. The police intercepted the said vehicle and recovered 360 liters Kingfisher beer and 18 liters of Imperial Blue wine.

The contention of the petitioner is that he is a poor person earning his livelihood by driving vehicle. He had no knowledge about the liquor having been kept on the van. Since the owner was also with the vehicle, he raised no objection

Patna High Court CR. MISC. No.19661 of 2020(3) dt.07-07-2020 2/2 when certain bags were loaded by him on the van. He contended that the petitioner is in custody since 27.02.2020. He has no criminal antecedent and the investigation of the case has already been completed.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of the offence, the submissions made above and the period undergone by the petitioner in custody, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Nawada in connection with Govindpur P.S. Case No.34 of 2020.

(Ashwani Kumar Singh, J.) Sanjeet/- U T