Md. Kurwan @ Md. Kurban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47543 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Md. Kurwan @ Md. Kurban S/o Md. Sabir , R/o Vill.- Bhalahi Bazar, P.S.- Bathnaha, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dumra P.S. Case No. 147 of 2018 registered for the offence punishable under Sections 272, 273, 414 of I.P.C. and Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

105 lts. of Nepali Saufi wine is said to have been recovered from Indigo car and petitioner was apprehended in the course of escaping from the aforesaid car while two other accused persons managed to escape.

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

Patna High Court Cr.Misc. No.47543 of 2018(2) dt.03-08-2018 2/2 with the seized liquor or with the vehicle in question. He has been falsely implicated in this case. He happens to be simple commuter of the said car and was travelling by the said car without any knowledge of keeping of liquor in it. He has no criminal antecedent. He has been languishing in custody since 12.04.2018.

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 A.D.J.-II-cum-Special Judge, Excise, Sitamarhi in connection with Dumra P.S. Case No. 147 of 2018.

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