Md. Tamur @ Md. Taimur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44158 of 2018 Arising Out of PS.Case No. -198 Year- 2018 Thana -KADWA District- KATIHAR ====================================================== Md. Tamur @ Md. Taimur S/o Md. Afsar, R/o Vill.- Vishrupa, P.S.- Dagarua, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

83.4 litres of foreign liquor is said to have been recovered from the dickey of the car and the petitioner who happens to be driver of the said car 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. He has been falsely implicated in the case.

Patna High Court Cr.Misc. No.44158 of 2018 (2) dt.24-07-2018 2/2 He happens to be simple driver of the said car and was plying it as per the instruction of its owner without knowing keeping of the said liquor in dickey of the car by its owner. He has no criminal antecedent. He has been languishing in custody since 15.06.2018. 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 2nd Addl. Sessions Judge cum Special Judge, Excise, Katihar in connection with Kadwa (Balia Belone) P.S. Case No. 198 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T