Sharuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57707 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Sharuf S/O Md. Hanif R/O Village-Jhari Barjans, P.S.- Karn Digghi, DistrictUttar Dinajpur, (WEST Bengal). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pandaul P. S. Case No.125 of 2021, instituted for the offences under Sections 272, 273/ 34 of the Indian Penal Code and Sections 30(a), 36, 38, 41(1) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is in custody since 23.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 783 litre of liquor from a pick-up van as detailed in the F.I.R. of which the petitioner is alleged to be the driver.

Patna High Court CR. MISC. No.57707 of 2021(2) dt.07-01-2022 2/2 The learned counsel for the petitioner submits that petitioner, being the driver, was unaware of the fact that what was being carried in the pick-up van.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 23.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Pandaul P. S. Case No.125 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T