Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6788 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Manoj Kumar Gupta, son of Brij Mohan Prasad, resident of VillageChatra Mian Road, Gudari Bazar, P.S.- Chatra, District- Chatra (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Magadh University P.S. Case No. 164 of 2017 registered under Section 414/34 of the Indian Penal Code and Section 30 (a) & 32 (2) of the Bihar Prohibition and Excise Act, 2016.

300 liters of country made liquor is said to have been recovered from the Nano car of the petitioner and its driver 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 has

Patna High Court Cr.Misc. No.6788 of 2018 (02) dt.16-02-2018 given its car to its driver for plying and had no knowledge of transporting the liquor by its driver in the said car. He has been falsely implicated in this case due to dirty village politics. He has no criminal antecedent. He has been languishing in custody since 01.01.2018.

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 Special Judge Excise, Gaya in connection with Magadh University P.S. Case No.164 of 2017.

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