Nehal Ahmed @ Nihal Ahmed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32287 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- CHAKAND District- Gaya ====================================================== Nehal Ahmed @ Nihal Ahmed S/O Abdul Hai R/o village- Khabhor, P.S.- Kanhai Hanumanganj, District- Pratapgarh (U.P.) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Chakand P.S. Case No. 41 of 2021 corresponding to Special Excise Case No. 332 of 2021, registered for the offence punishable punishable under Section 467 and other allied sections of Indian Penal Code and sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2018. 4500 litres of foreign liquor has been recovered from a truck of which this petitioner was driver.
It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner is in custody since 16.02.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.
Patna High Court CR. MISC. No.32287 of 2021(3) dt.06-01-2022 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, 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 II-cum-Special Judge Excise, Gaya in connection with Chakand P.S. Case No. 41 of 2021 corresponding to Excise Case No. 332 of 2021. (Prabhat Kumar Singh, J) vinita/- U T