Mohamad Sah Fahad @ Md. Shah Fahad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67912 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

Mohamad Sah Fahad @ Md. Shah Fahad Son of Sri Munna Ansari Resident of Village- Shivdah, P.S.- G.B. Nagar, Tarwara, District- Siwan. 2.

Deepak Kumar Son of Late Bhola Singh Resident of Village- Shivdah, P.S.- G.B. Nagar, Tarwara, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Excise P.S. Case No. 18 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 120 litres of foreign liquor has been recovered from a car of which petitioner no. 1 is driver and petitioner no. 2 is copassenger. It is submitted that no recovery has been made from conscious possession of the petitioners. Petitioner no. 1 was simply driving the vehicle and was not aware about the nature of consignment and petitioners have got no concern with the

Patna High Court CR. MISC. No.67912 of 2021(2) dt.21-12-2021 2/2 seized liquor. Petitioners is in custody since 22.10.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 2nd-cum-Special Judge Excise, Siwan in connection with Excise Case No. 18 of 2021. (Prabhat Kumar Singh, J) vinita/- U T