Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23432 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Manish Kumar, S/o Anil Kumar, R/v Waini Pusa Road, P.S.- Pusa, DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Samastipur Mufassil P.S. Case no. 155 of 2018 registered under Sections 30, 36, 38, 41 and 47 of Bihar Prohibition & Excise Act-2016.
14.580 lts. of foreign liquor is said to have been recovered from the motorcycle and driver of the motorcycle managed to escape while petitioner who happens to be pillion rider was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either
Patna High Court Cr.Misc. No.23432 of 2018(2) dt.26-04-2018 2/2 with the seized liquor or with the motorcycle in question. He happens to be simple pillion rider and had no knowledge of keeping the said liquor in the cartoon by its driver. He has no criminal antecedent. He has been languishing in custody since 19.03.2018.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 A.D.J-III-cum-Special Judge, Excise Act, Samastipur in connection with Samastipur Mufassil P.S. Case no. 155 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T