Patna High CourtCR. MISC./20558/2018bail granted

Deepak Karmali v. The State Of Bihar

2018-04-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20558 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================

1. Deepak Karmali S/o Mohrai Karmali, R/o Village- Gomiyan, DistrictHazaribagh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barachatti P.S. Case No. 156 of 2018 registered under Section 30 (a), 38 & 47 of the Bihar Prohibition and Excise Act, 2016.

250.5 liters of foreign liquor is said to have been recovered from the trailer of the pick-up van and the petitioner, who is said to be driver of the said vehicle, was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case. He has no concern with the seized liquor. He happens to be mere driver of the vehicle and was

Patna High Court Cr.Misc. No.20558 of 2018 (02) dt.13-04-2018 2/ 2 transporting the said vehicle at the instructions of its owner without knowing the contents of the carton loaded on the trailer. He has no criminal antecedent and has been languishing in custody since 28.02.2018.

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 Barachatti P.S. Case No.156 of 2018.

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