Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8036 of 2018 Arising Out of PS. Case No.-516 Year-2017 Thana- SAUR BAZAR District- Saharsa ====================================================== Md. Alam, S/o Late Md. Rafique, R/o Gangjala Ward No. 15, P.S. + DistrictSaharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 516 of 2017 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

500 lts. of illicit liquor is said to have been recovered from Sumo Grand vehicle and petitioner who happens to be driver of the vehicle and one other person sitting in the vehicle namely, Md. Amir were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner happens to be driver of the vehicle and he had no knowledge of transporting the said liquor

Patna High Court Cr.Misc. No.8036 of 2018(2) dt.15-02-2018 2/2 in the plastic bag by its commuter in the vehicle. He has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 11.11.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Special Judge Excise Act, Saharsa in connection with Sour Bazar P.S. Case No. 516 of 2017.

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