Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16096 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- RAJAULI District- Nawada ====================================================== Anil Prasad S/o Kishori Prasad, R/o village- Sohjana, P.S.- Ishlampur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajauli P.S. Case no. 42 of 2018 registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act-2016. 38 lts. of country made liquor is said to have been recovered from the sleeper seat of Jiwan Jyoti Bus and petitioner who happens to be its conductor became upset and tried to conceal the aforesaid bag, was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern with the seized liquor. He happens to be conductor of the bus and had no knowledge of

Patna High Court Cr.Misc. No.16096 of 2018(2) dt.21-03-2018 2/2 the contents of the bag kept on the seat by its commuter. He has no criminal antecedent. He has been languishing in custody since 08.02.2018.

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 Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Rajauli P.S. Case no. 42 of 2018.

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