Bapi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42085 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Bapi Das Son of Late Surya Kant Das, Resident of Village- Rampur P.S.- Chakulia, District- Uttar Dinazpur (West Bengal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

The petitioner seeks regular bail in Special Excise Case No.1837/17 arising out of Baisi P.S. Case No.135 of 2017 registered for the offence under Section 273 of the I.P.C. and Section 30(A) and 41 of the Bihar Prohibition and Excise Act 2016.

Allegation against the petitioner is of recovery of 219 liters foreign liquor from the vehicle Scorpio which was being driven by the petitioner. Submission of the learned counsel for the petitioner is that the petitioner is not the owner of the

2/5 vehicle rather he was driving the vehicle in question and he had no knowledge about the liquor. He is in custody since 30.06.2017 having no criminal antecedent. Heard learned A.P.P. also Having heard both sides and in view of the recovery of the liquor, at this stage, this application is disposed of with direction to the trial court to release the petitioner on bail to his satisfaction either once charge is framed against this petitioner or on completion of four months of the petitioner in custody.

(Vinod Kumar Sinha, J) AnilKrSinha/-

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