Manish Kumar @ Manish Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1775 of 2019 Arising Out of PS. Case No.-891 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Manish Kumar @ Manish Kumar Pandit, s/o :-Gajendra Pandit, Resident of Village-Pakri Pakohi, P.S.-Karja, Distt.-Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Respondent/s :

Mr.Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is languishing in custody since 21.11.2018 in connection with Sadar P.S. Case No.891 of 2018 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The prosecution case is that the petitioner was apprehended while he was driving a scorpio vehicle from which total 600.84 litres of foreign liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner was neither driver of the vehicle nor the owner of the vehicle. He was simple a passenger in vehicle in question. Learned counsel for the petitioner further submits that

Patna High Court Cr.Misc. No.1775 of 2019(2) dt.15-01-2019 2/2 recovery is not made from the conscious possession of the petitioner.

Considering the nature of accusation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sadar P.S. Case No.891 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T