Sanjay Kumar @ Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13283 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================

1. Sanjay Kumar @ Sanjay Chaudhary S/o Late Rajdeo Chaudhary @ Rajdeo Pasi, R/o Village- Akorhigola, Padum Tola, P.S.- Akorhigola, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== 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 Darihat P.S. Case No. 121 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

190 liters of country made liquor is said to have been recovered from a tempo and the petitioner, who happens to be driver of the said tempo, was apprehended, 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 the conscious physical possession of the petitioner. The petitioner

Patna High Court Cr.Misc. No.13283 of 2018 (02) dt.07-03-2018 2/ 2 happens to be driver of the said tempo and was transporting two commuters along with the bag carried by them without any knowledge of keeping the liquor in the aforesaid bag and the aforesaid commuters managed to escape seeing the police party. He has no concern with the seized liquor. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 25.12.2017. In the facts and circumstances of the case, 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 2ndAdditional District and Sessions Judge-cum-Special Judge Excise, Rohtas at Sasaram in connection with Darihat P.S. Case No. 121 of 2017.

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