Abdul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38491 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -AMBA District- AURANGABAD ======================================================

1. Abdul Ansari, Son of Samim Ansari, resident of Village- Urumur, P.S.- Kuruk, District- Lohardaga (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a)/38 of the Bihar Prohibition and Excise Act, 2016.

108 liters of foreign liquor is said to have been recovered from the pickup van and petitioner who happens to be driver of the aforesaid vehicle and two other accused persons 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 no concern with the seized liquor. The petitioner happens to be driver of the vehicle in

Patna High Court Cr.Misc. No.38491 of 2018 (02) dt.02-07-2018 2/ 2 question and he had no knowledge of keeping the said liquor in carton beneath the tomato in his vehicle. He was plying the vehicle at the instruction of his owner. He has no criminal antecedent and has been languishing in custody since 05.05.2018. 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-VII-cum-Special Judge Excise, Aurangabad in connection with Amba P.S. Case No. 33 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T