Patna High CourtCR. MISC./12954/2018bail granted

Chhotu Kumar v. The State Of Bihar

2018-03-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12954 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -AMBA District- AURANGABAD ====================================================== Chhotu Kumar, S/o Yamuna Singh, R/o Villlage-Fatehpur, P.S. Barun, Sistrict-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Chaubey Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amba P.S. Case No. 164 of 2017 registered under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

80 litres of country made liquor is said to have been recovered from the tempo and the petitioner and one other coaccused Pankaj Kumar were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner neither happens to be the owner nor driver of the said tempo rather happens to be simple commuter who was travelling on the said

Patna High Court Cr.Misc. No.12954 of 2018 (2) dt.07-03-2018 2/2 tempo without knowledge of keeping of the liquor in the said tempo. He has no criminal antecedent. He has been languishing in custody since 26.12.2017. Similarly situated co-accused, namely, Pankaj Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 08.02.2018 passed in Cr. Misc. No. 7591 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Additional Sessions Judge-VII cum Special Judge (Excise), Aurangabad in connection with Amba P.S. Case No. 164 of 2017.

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