Patna High CourtCR. MISC./22557/2018bail granted

Md. Jabbar v. The State Of Bihar

2018-04-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22557 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -BAKHTIARPUR District- SAHARSA ====================================================== Md. Jabbar S/o Md. Bijali , R/o Vill.- Shankarpur, P.S.- Bakhtiyarpur (O.P. Balbahat) District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bakhtiyarpur (Balbaghat) P.S. Case No. 43 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 8.64 litres of country made liquor is said to have been recovered from the tempo and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. As a matter of fact, one Subham Kumar was carrying the aforesaid liquor on the motorcycle, but seeing the

Patna High Court Cr.Misc. No.22557 of 2018 (2) dt.17-04-2018 2/2 police party loaded the carton containing aforesaid liquor on his tempo and petitioner had no knowledge of contents of the carton. He has no criminal antecedent. He has been languishing in custody since 10.02.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Excise Act, Saharsa in connection with Bakhtiyarpur (Balbaghat) P.S. Case No. 43 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T