Md. Parvez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57350 of 2017 Arising Out of PS.Case No. -299 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Md. Parvez Alam, Son of Md. Akhtar, Resident of Village- Padma, P.S.- Padma, District- Hazaribagh (Jharkhand).

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 272, 273 of the Indian Penal Code and 30(a), 32(c), 38(a) of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that 1390 liters of wine is said to have been recovered from a pick up van. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 1390 liters of wine is recovered from pick up van in question. The

Patna High Court Cr.Misc. No.57350 of 2017 (2) dt.14-12-2017 2/2 petitioner is said to be the driver of the said pick up van. The pick up van in question is a public carrier. The petitioner had no knowledge regarding the goods loaded by the transporter. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 2ndAdditional Sessions Judge-cum-Special Judge (Excise), Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No. 299 of 2017. (Sudhir Singh, J) Amit/- U T