Akash Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14351 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Akash Malik son of Sompal Malik resident of village Nonipath Ward No. 2 strit No. 2 P.S. Sadar District-Sonipath, Haryana. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 09.08.2017 in connection with P.R. No. 09 of 2017-18, Excise Case No. 283 of 2017 for offences punishable under Sections 30 (a), 32 (2) and 38 of the Bihar Prohibition & Excise Act. The prosecution case, as lodged by the Excise Officials, is that a raid was conducted and truck of the petitioner was searched petitioner was apprehended but the driver and other three persons named by the petitioner managed to flee away. From the truck 357.12ml of foreign liquor was recovered hidden under rotten potatoes.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.14351 of 2018 (2) dt.13-03-2018 2/2 petitioner that he is innocent, bears no criminal history and was just a Khalasi of the truck in question. He submits that he is not concerned with the sale or purchase of illicit liquor and has been falsely implicated. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge, Excise, Muzaffarpur in connection with P.R. No. 09 of 2017-18, Excise Case No. 283 of 2017.
(Nilu Agrawal, J) Devendra/- U T