Fakruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24663 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Fakruddin, Son of Subhan, Resident of Village- Kanchanner, Police StationJurhera, District- Bharatpur (Rajasthan). ... ... 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. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case no. C-III-76 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 1296 lts. of foreign liquor is said to have been recovered from cartoon kept in the cell of Tata L.P. 407 and petitioner, who happens to be its driver was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the aforesaid vehicle and was plying the same as per instruction of its owner without

Patna High Court Cr.Misc. No.24663 of 2018(4) dt.08-08-2018 2/2 any knowledge of keeping of liquor in the cell of the aforesaid vehicle in cartoon by its owner. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 23.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Case no. C-III-76 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T