Hriday Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8568 of 2018 Arising Out of PS. Case No.-241 Year-2017 Thana- SARAI District- Vaishali ====================================================== Hriday Rai Son of Sukul Rai Resident of Village- Mathna Milik P.S. Goraul (O.P Katahara), Distt. Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kishor For the Opposite Party/s :
Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sarai P.S. Case no. 241 of 2017 registered under Sections 30(a) 35(a) of the Bihar Excise and Prohibition Act 2016 and Sections 414 and 120(B) of the Indian Penal Code.
18 lts. of foreign liquor is said to have been recovered from the Scorpio vehicle and its driver (petitioner) and commuter were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner happens to be driver of the aforesaid vehicle and was plying the same without any
Patna High Court Cr.Misc. No.8568 of 2018(2) dt.17-02-2018 2/2 knowledge of keeping the liquor in the said vehicle by its commuter. He has no concern with the seized liquor. He has no criminal antecedent. He has been languishing in custody since 01.11.2018.
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 Addl. Sessions Judge, Vaishali at Hajipur-cum-Special Judge, Excise Vaishali at Hajipur in connection with Sarai P.S. Case no. 241 of 2017.
(Prakash Chandra Jaiswal, J) rohit/- U T