Farookh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29052 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Farookh, Son of Mahmud, Resident of Bima, P.S.- Nuhu, District- Nuhu (Haryana) present Resident of Dorakhi, Bima, P.S.- Firojpur Jhirka, District- Nuhu (Hariyana).

2. Talim , Son of Rafik, Resident of Village- Palla, P.S.- Nuhu, DistrictNuhu (Hariyana). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Pravin Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners.

The petitioners seek regular bail in connection with Ahiyapur P.S. Case No. 111 of 2017 dated 21.2.2017, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code.

The accusation against the petitioners is that upon receipt of the information that foreign liquor was being carried on a truck, the said truck was apprehended by the police and the driver i.e. the petitioner no.1 and accused petitioner no.2 i.e. Khalasi, are said to have been apprehended. The petitioner told the police that they were carrying chick-feeds. It has been alleged that

Patna High Court Cr.Misc. No.29052 of 2017 (2) dt.01-07-2017 2/2 they have not produced any papers regarding the said chick feeds being carried on the said truck and upon search, illegal country made liquor was also found.

Learned counsel for the petitioner submits that the petitioners were driver and khalasi of the said truck and they were not knowing as to what goods had been loaded on the truck. It has been submitted that the petitioner no.2 has a clean antecedent and so far as petitioner no.1 is concerned, there are minor allegations against him in other cases. It is submitted by the learned counsel for the petitioners that they were apprehended on the spot and are in custody since 22.2.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 111 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U