Sagir Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21638 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== SAGIR AHMED S/o Wazir Ahmed @ Wazir Mohammad Resident of VillageHoli Chowk, Hassanpur, Police Station- Kotwali Hassanpur in the district of Amoroha (U.P.) ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2020 This case has been heard through videoconferencing. Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the

Patna High Court CR. MISC. No.21638 of 2020(2) dt.08-07-2020 2/3 offence punishable under Section 413/414 of the Indian Penal Code and Section 30(a)/38 (1) of the Bihar Prohibition and Excise Act, 2016.

3555 liters of foreign liquor is said to have been recovered from the truck and the petitioner being driver of the truck was apprehended.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case by the police. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The petitioner happens to be driver of the truck in question and he had no knowledge of keeping of the said liquor in the truck. He was plying the truck at the instruction of his owner. He has no criminal antecedent and has been languishing in custody since 19.11.2020.

Petitioner is agreed to deposit a sum of Rs.75,000.00 (Rupees Seventy Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.21638 of 2020(2) dt.08-07-2020 3/3 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Court, Vaisahli at Hajipur in connection with Ganga Bridge P.S. Case No.189 of 2019.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.75,000.00 (Rupees Seventy Five Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J.) Trivedi/- U T