Md. Zishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51555 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== MD. ZISHAN S/O MD. RIYAZ @ MD. REYAJ @ MOHAMMAD RIYAJ R/o village- Diyaman, P.S.- Kare Pasurai, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Singh, Sr. Advocate :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2022 Heard the learned counsel for the petitioner and Sri Krishna Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Barachatti PS case no. 248 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 828 liters of illicit foreign made liquor from a Mini Truck after the same was intercepted by the police and the petitioner is stated to be the driver of the said Mini Truck.

The learned Senior counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 18.04.2021. It is further submitted that the petitioner is merely the driver of the Mini Truck, hence he was not knowing about

Patna High Court CR. MISC. No.51555 of 2021(2) dt.21-03-2022 2/2 the contents of the consignment loaded on the said truck, thus the petitioner is having no complicity in the alleged crime. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the truck in question and is having a clean antecedent as also is languishing in custody since about 11 months, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge II-cum-Special Judge, Excise Act, Gaya in connection with Barachatti PS case no. 248 of 2021. (Mohit Kumar Shah, J) rinkee/- U T