Md. Sajahan @ Md. Sahajahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12723 of 2018 Arising Out of PS.Case No. -221 Year- 2017 Thana -DAGARUA District- PURNIA ====================================================== Md. Sajahan @ Md. Sahajahan, son of Md. Mumtaj Ali @ Mumtaj, resident of village Mizatpur, P.S. Chakulia, District Uttar Dinajpur (W.B.). .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Vijay Anand, Adv. For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Excise Case No.3160 of 2017, arising out of Dagaruwa P.S. Case No. 221 of 2017 registered under Section 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

112.98 liters of foreign liquor is said to have been recovered from the Bolero vehicle and petitioner and one another accused Md. Mannan were 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 been falsely implicated in this case. He happens to be driver of the said

Patna High Court Cr.Misc. No.12723 of 2018 (02) dt.06-03-2018 - 2 - vehicle and has no concern with the seized liquor. The seized liquor is hailing to one Md. Mannan who was transporting it by the said vehicle. He has no criminal antecedent. He has been languishing in custody since 28.12.2017. The said Md. Mannan has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.11193 of 2018 vide order dated 27.02.2018. In the facts and circumstances of the case, 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 Special Judge Excise, Purnea in connection with Special Excise Case No.3160 of 2017, arising out of Dagarua P.S. Case No.221 of 2017. (Prakash Chandra Jaiswal, J.) Trivedi/- U T