Mohamad Seraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71870 of 2021 Arising Out of PS. Case No.-487 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Mohamad Seraz Son of Mohamad Lalbabu Nat Resident of village - Turki Kharanu Dakbangla, P.S.- Minapur, District - Muzafarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

74.745 liters of English wine has been recovered from a Tempo, of which, this petitioner was driver. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was not aware about the nature of consignment, which was being transported in the Tempo. Petitioner claims clean antecedent and he is in custody since 17.11.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.71870 of 2021(2) dt.08-03-2022 2/2 Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II (Excise), Gopalganj in connection with Kuchaikote P.S. Case No. 487 of 2021.

(Prabhat Kumar Singh, J) anay/- U T