Mahammad Nausad @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41862 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -GOPALPUR District- GOPALGANJ ====================================================== Mahammad Nausad @ Laddu, Son of Kitabuddin Miyan @ Kitab Hussain, Resident of village - Bedu Tola, Police Station - Thawe, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

198.720 litres of foreign liquor is said to have been recovered from the car and the petitioner who is said to be driver of the said car was apprehended.

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 either with the seized liquor or with the vehicle in question. He

Patna High Court Cr.Misc. No.41862 of 2018 (2) dt.12-07-2018 2/2 happens to be simple commuter of the said vehicle and was travelling in it without knowledge of keeping of the said liquor in the vehicle by its driver who managed to escape seeing the police party leaving the said car. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 15.05.2018. Considering the facts aforesaid, 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 Addl. District and Sessions Judge-II, Gopalganj in connection with Gopalpur P.S. Case No. 64 of 2018 G.R. No. 1981/2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T