Md. Fakhruddin @ Md. Fakhrudhin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25239 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -GWALPARA District- MADHEPURA ======================================================

1. Md. Fakhruddin @ Md. Fakhrudhin, S/o Md. Salim, resident of VillageSulindabad, P.S.- Saharsa, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

365.75 liters of country made and foreign liquor is said to have been recovered from the Maruti van and the petitioner who happens to be driver of the said van was apprehended on giving chase while another accused Kunal Bhagat managed to escape seeing the police party.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.25239 of 2018 (02) dt.01-05-2018 2/ 2 with the seized liquor. He happens to be driver of he said van and had no knowledge of carrying of the aforesaid liquor by the said Kunal Bhagat who managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 15.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Judicial Magistrate 1st Class, Udakishunganj, Madhepura in connection with Gawalpara (Arar) P.S. Case No. 20 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T