Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32716 of 2020 Arising Out of PS. Case No.-269 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== MD. KHURSHID Son of Md. Rashid Mistry Resident of Mohalla- Shamsher Nagar, Uper Kuli, P.S.- Jhariya, District- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2020 Heard Mr. Manish Kumar No. 2, 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 Excise P.S. Case No. 269 of 2020 registered for the offences punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that one Tata Mazic Pickup van was intercepted by the Excise officials which was being driven by the petitioner and from the said vehicle, a total quantity of 324 litres of illicit foreign liquor has been recovered.

Patna High Court CR. MISC. No.32716 of 2020(2) dt.08-12-2020 2/2 Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. Learned counsel further submits that petitioner is driver of the said vehicle and was not aware about the liquor being kept in the said vehicle. Learned counsel also submits that petitioner is in custody since 09.07.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that petitioner is driver of the vehicle and he is in custody since 09.07.2020 having no criminal antecedent, 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 Special Judge, Excise, Gaya, in connection with Excise P.S. Case No. 269 of 2020. 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