Massi @ Masih v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44070 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- JOKIHAT District- Araria ====================================================== Massi @ Masih S/O Haji Mushtaq R/O Village-Matiyari, P.S-Jokihat, District-Araria, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Special Case No. 447 of 2021, arising out of Jokihat P.S. Case No. 171 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

80 liters of cough syrup containing codeine has been recovered from a 4-wheeler Ford car, of which, this petitioner was driver.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was unaware about the nature of consignment and was simply following the instruction of owner. Petitioner is in custody since 17.04.2021. Investigation is complete.

Patna High Court CR. MISC. No.44070 of 2021(3) dt.02-11-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Araria in connection with Special Case No. 447 of 2021, arising out of Jokihat P.S. Case No. 171 of 2021. (Prabhat Kumar Singh, J.) anay U T