Hon'ble Justice Sudhir Singh, in an oral order, released the accused driver on bail in a prohibition case involving the recovery of 2200 liters of raw spirit, allowing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50664 of 2017
Arising Out of PS.Case No. -253 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
Izhar Hussain, Son of Hamid Ansari, Resident of Village- Rupdih, P.S.Harsidhi, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Anish Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is languishing in custody since 26.06.2017 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that the police recovered 2200 liters of raw spirit from the Tractor.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. 2200 liters of raw spirit is said to have been recovered
Patna High Court Cr.Misc. No.50664 of 2017 (2) dt.18-10-2017
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from the Tractor. It is further submitted that the petitioner had no knowledge regarding the goods being transported by the Transporter. The petitioner is the driver of the vehicle in question. No compliance of Section 100 Cr. P.C. has been made in the present case.
On behalf of the learned counsel for 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 253 of 2017.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner, a driver with no criminal antecedents who was recovering 2200 liters of raw spirit without knowledge of the goods, is entitled to bail.
4 provisions across 3 enactments
Izhar Hussain
The State of Bihar
Sudhir Singh
Justice Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
