Md. Tabrej @ Md. Tawrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30870 of 2020 Arising Out of PS. Case No.-179 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MD. TABREJ @ MD. TAWREJ Son of Md. Kamruddin Resident of Village - Kothrao, P.S.- Jamalpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 2160 liters wine is recovered.

Patna High Court CR. MISC. No.30870 of 2020(2) dt.24-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 2160 liters wine is recovered from the truck in question. The petitioner is driver of the truck in question. The petitioner had no knowledge regarding the nature of goods booked by the transporter. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Excise Court, Vaishali at Hajipur in connection with Goraul (Katahara O.P.) P.S. Case No. 179 of 2020.

(Sudhir Singh, J) Pankaj/- U T