Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32890 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== MD. AZAD Son of Md. Ganin Adab @ Md. Abdul Gani @ Md. Ganee Nadaf Resident of Village - Bharatkhand, P.S.- Parbatta, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Excise Complaint Case No. 40 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the complaint, 914 litres of liquor was found in a Tata 407 vehicle being driven by this petitioner. It is submitted by learned counsel for the petitioner that although it is true that he is the driver of the vehicle, however, no incriminating article has been recovered from his possession. It is further submitted that in any case he had no knowledge about the goods loaded in the vehicle. He is in

Patna High Court CR. MISC. No.32890 of 2020(3) dt.22-01-2021 2/2 custody since 23.6.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 23.6.2020 and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Excise Comp Case No. 40 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka.

(Partha Sarthy, J) sushma/- U T