Md. Sadrul Juha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35920 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== MD. SADRUL JUHA S/o Md. Samsul Juha @ Mohammad Samsuzzoha R/o Village- Akbarpur Benk, Ward No.10, P.S.- Biraul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Ms. Aprajita, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Kochadhaman P.S. Case No. 10 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Police intercepted a Tata BS III vehicle bearing Registration No. WB-41F-6754 which was being driven by the petitioner and recovered 900 litres of illicit foreign liquor from the same.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because

Patna High Court CR. MISC. No.35920 of 2021(2) dt.06-01-2022 2/2 he was driving the vehicle at the time of seizure. He next submits that the petitioner is not the owner of the vehicle and he was not aware about the illicit liquor being kept therein. The petitioner is in custody since 8.1.2021 having no criminal antecedent and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 8.1.2021 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd cum Special Judge, Excise, Kishanganj, in connection with Kochadhaman P.S. Case No. 10 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T