Ismail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64168 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- KALER District- Jehanabad ====================================================== Ismail Son Of Palmasih R/O Vill - Ittan Badhi, P.S. - Bhogpur, Distt. - Jalandhar (Punjab) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 2907 litres of I.M.F.L. from a Truck bearing Registration No. PB-12Q-5033. The petitioner who was driver of the Truck in question, was apprehended on spot.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been
Patna High Court CR. MISC. No.64168 of 2023(2) dt.12-10-2023 2/3 recovered from the conscious possession of the petitioner. He has no concern either with the Truck in question or with the illicit liquor. There is no independent witness of the alleged seizure. Moreover, the Petitioner is languishing in judicial custody since 12.05.2023.
5. Learned A.P.P. appearing on behalf of State has vehemently opposed the prayer of bail of petitioner and submitted that petitioner is the driver of the vehicle from which a huge quantity of liquor has been seized.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge II, Excise, Jehanabad in connection with Kaler P.S. Case No. 61 of 2023.
7. The petitioner is directed to deposit a sum
Patna High Court CR. MISC. No.64168 of 2023(2) dt.12-10-2023 3/3 of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.
8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T