Md. Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34901 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- BAUSI District- Purnia ====================================================== Md. Tabrej, Son of Md. Illiyas @ Md. Elias @ Elias, R/o Madhubani, Sipahi Tola near Bari Masjid, P.S.- K. Hat, District- Purnia. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Baisi P.S. Case no. 58 of 2018 registered under Sections 272, 273 of the I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act2016. 80.280 lts. of foreign liquor is said to have been recovered from the dickey of Maruti Suzuki Car and petitioner who happens to be its driver was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He happens to be mere driver of the vehicle in question and had no knowledge of

Patna High Court Cr.Misc. No.34901 of 2018(2) dt.22-06-2018 2/2 keeping the liquor in the said car by its owner. He was merely plying the vehicle as per instruction of its owner. He has no criminal antecedent. He has been languishing in custody since 05.03.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Purnea in connection with Baisi P.S. Case no. 58 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T