Patna High CourtCR. MISC./8088/2018bail granted

Md. Sajjad @ Badsah @ Azad v. The State Of Bihar

2018-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8088 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -DAGARUA District- PURNIA ====================================================== Md. Sajjad @ Badsah @ Azad, S/o Md. Kalam , R/o Village- Kushkibagh, P.S.- Sadar, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 10.01.2018 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 205.860 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 205.860 liters wine is recovered from Pick-up Van in question.

Patna High Court Cr.Misc. No.8088 of 2018 (3) dt.27-02-2018 2/2 The petitioner is alleged to be the driver of the said vehicle in question. The name of the petitioner has come on the basis of alleged recovery made from the vehicle in question. The petitioner had no knowledge regarding liquor kept in the vehicle in question. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 3rd Additional Sessions Judge-cum-Special Judge, (Excise), Purnea, in connection with Dagarwa P. S. Case No. 06 of 2018 giving rise to Special Excise Case No. 28 of 2018.

U.K./- (Sudhir Singh, J) U T