Imam Raza @ Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7935 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Imam Raza @ Chand, Son of Mohammad Raza, Resident Of Village - Tumba, P.S. - Akbarpur, District - Rohtas (sasaram). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra- Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-04-2021 Heard Mr. Anil Chandra, learned counsel appearing for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Chand P. S. Case No.137 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the first information report that the police intercepted a Scorpio vehicle, which was being driven by the petitioner and recovered a total quantity of 86.400 litres of illicit foreign liquor.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7935 of 2021(2) dt.17-04-2021 2/3 the petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case with oblique motive. Learned counsel next submits that the petitioner is the driver of the vehicle and the vehicle was being plied on the instruction of its owner. Petitioner is the driver and he was not aware of the illicit liquor being kept therein. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 08.10.2020. The charge-sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 08.10.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vcum-Special Judge Excise, Kaimur, Bhabhua in connection with Chand P. S. Case No.137 of 2020.

Patna High Court CR. MISC. No.7935 of 2021(2) dt.17-04-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) vikash/- U T