Patna High CourtCR. MISC./24781/2018bail granted

Upendra Kumar v. The State Of Bihar

2018-05-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24781 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Upendra Kumar S/o Satyanarayan Singh, R/o Vill.- Bhim Das Tola, P.S.- Rangara, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sewak Prasad For the Opposite Party/s :

Mr. Pradeep Narayan Kumar, APP-205 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rail P.S. (Muzaffarpur) Case no. 28 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016. 57.750 lts. of foreign liquor is said to have been recovered from the bag kept under berth of Awadh Assam Express Train and petitioner and three accused persons sitting on the said berth were apprehended. Said liquor is said to have been hailing to the aforesaid accused persons. 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 either

Patna High Court Cr.Misc. No.24781 of 2018(2) dt.01-05-2018 2/2 with the seized liquor or with the bag containing the same. He was simply commuter of the aforesaid train and had no knowledge of keeping of the said liquor beneath his berth. He has no criminal antecedent. He has been languishing in custody since 21.02.2018.

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 Special Judge, Excise, Muzaffarpur in connection with Rail P.S. (Muzaffarpur) Case no. 28 of 2018.

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