Salim Mian @ Saleem Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53953 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Salim Mian @ Saleem Miyan, S/o. Wakil Miyan, R/o. Village- Belbanwa, P.S.- Jogapatti, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upadhyay Saurabh Kumar For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.

131.200 litres of foreign liquor is said to have been recovered from the Scorpio and petitioner who happens its driver and one another accused, namely, Niraj Srivastava were apprehended during the course of escaping from the said vehicle and Dipak Keshri managed to escape.

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

Patna High Court Cr.Misc. No.53953 of 2018 (2) dt.31-08-2018 2/2 with the seized liquor. He has been falsely implicated in the case at the instance of his enemy. He happens to be driver of the said vehicle and had no knowledge of keeping of liquor in the bag by its commuter who managed to escape leaving the bag containing liquor in the vehicle seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 05.06.2018. Co-accused, namely, Niraj Srivastava has been enlarged on bail by this court vide order dated 18.08.2018 passed in Cr. Misc. No. 50678.

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 Special Judge, Excise Act, West Champaran at Bettiah in connection with Chanpatia P.S. Case No. 233 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T