Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6996 of 2018 Arising Out of PS. Case No.-867 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Munna Kumar S/o Yogendra Sah, R/o Village- Bakhadda, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khagaria P.S. Case no. 867 of 2017 registered under Sections 272 of Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act-2016.

196 lts. of country made liquor is said to have been recovered from the tempo and the petitioner who happens to be driver of the said tempo and one other person namely, Nishant Kumar were apprehended.

It is submitted by learned counsel for the petitioner that the petitioner happens to be driver of the aforesaid vehicle. He had no knowledge of the contents of the bag being transported by

Patna High Court Cr.Misc. No.6996 of 2018(2) dt.12-02-2018 2/2 the co-accused Nishant Kumar by his tempo. No incriminating article has been recovered from his conscious physical possession. The petitioner has no criminal antecedent. He has been languishing in custody since 09.12.2017. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions 1st Khagaria-cum-Spl. Judge, Excise Act in connection with Khagaria P.S. Case no. 867 of 2017.

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