Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32257 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- JOKIHAT District- Araria ====================================================== MD. ARMAN Son of Md. Wasi @ Wasi Ahmad Resident of Village - Palsakhurd, P.S.- Chanardeep, District - Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binay Kumar :

Mr. Md. Najmul Hodda For the Opposite Party :

Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-12-2020 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioners and Mr. Anuj Kumar Srivastava, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Jokihat P.S. Case No. 90 of 2020 (Special Case No.344 of 2020), registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Amendment Act. It is the prosecution's case that 2196 liters of India Made Foreign Liquor was recovered from a truck bearing registration No. WB-19J-3560. The petitioner was allegedly driving the vehicle. It is the petitioner's case that he was unaware of the fact that illicit liquor was loaded in the vehicle, which was driven by him.

This submission cannot be accepted for the purpose of

Patna High Court CR. MISC. No.32257 of 2020(2) dt.07-12-2020 2/3 grant of regular bail for the present in the light of huge quantity of liquor recovered from the vehicle.

This application is accordingly rejected.

It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.

Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Patna High Court CR. MISC. No.32257 of 2020(2) dt.07-12-2020 3/3 Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T