Kashim Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54984 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- KALER District- Jehanabad ====================================================== KASHIM ALI S/o NAZIM ALI R/o VILLAGE-MERANPUR KATRA, P.SKATRA, DISTRICT-SHAHJAHANPUR (U.P). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Shambhu Sharan Singh, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Excise Case No. 616/2021 arising out of Kaler PS Case No. 48/2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2018.

The police intercepted a truck bearing Registration No. UP-25DT-0106 and recovered total quantity of 2664 litres of Indian Made Foreign Liquor. The police also arrested the driver (petitioner) of the said truck.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Learned counsel further submits that petitioner being driver of

Patna High Court CR. MISC. No.54984 of 2021(2) dt.19-05-2022 2/2 the said truck was not aware about the illicit liquor being kept therein. The petitioner has got no criminal antecedent and is in custody since 22.07.2021.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner being driver of the said truck was not aware about the illicit liquor being kept therein, the petitioner has got no criminal antecedent and is in custody since 22.07.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, KASHIM ALI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge-Excise, Jehanabad in connection with Excise Case No. 616/2021 arising out of Kaler PS Case No. 48/2021. (Anil Kumar Sinha, J) perwez U T