Jakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52979 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== JAKIR HUSSAIN S/o Ahmad Ali @ Ehmad Shaa R/o village- Dharar, P.S.- Belpar, District- Ratlam (M.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-11-2019 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 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

3888 litres of foreign liquor kept in cartoon is said to have been recovered from the body of the truck covered with tripal. Petitioner happens to be the driver of the truck was apprehended while others 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 either with the seized liquor or with any trade of liquor.

Patna High Court CR. MISC. No.52979 of 2019(3) dt.20-11-2019 2/2 Petitioner happens to be the driver of the truck in question and he had no knowledge of keeping of the liquor in cartoon on the said truck rather he was asked by the owner of the truck to transport the articles kept on the ruck covered with tripal at the destination without disclosing the nature of articles. Petitioner has no criminal antecedent and has been languishing in custody since 11.06.2019.

Learned APP for the State opposed the bail petition. 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 Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Raghunathpur P.S. Case No.102 of 2019.

(Prakash Chandra Jaiswal, J) amit/- U T