Anil @ Anik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21776 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Anil @ Anik Son of Sri Raghuvir Singh @ Raghbir Singh Resident of Village Madana, P.S. Beri, District- Jhajjar (Haryana). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Kalyanpur P.S. Case no. 7 of 2018 registered under Sections 272, 273, of the Indian Penal Code and Section 30(a), 38, 38(I), 47, 38(2) (III) of Bihar Prohibition & Excise Act-2016. 35.250 lts. of country made liquor is said to have been recovered from the Mahindra Xylo car and petitioner and three other accused persons including Ankus Singh were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with
Patna High Court Cr.Misc. No.21776 of 2018(2) dt.17-04-2018 2/2 the seized liquor. As a matter of fact, he happen to be simple commuter of the said vehicle and he had no knowledge of keeping the said liquor in the aforesaid vehicle. He has no criminal antecedent. He has been languishing in custody since 15.01.2018. Similarly situated co-accused namely, Ankus @ Ankus Singh has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 2.04.2018 passed in Cr. Misc. no. 17657 of 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 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with Kalyanpur P.S. Case no. 7 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T