Bijay Mahton @ Vijay Mahton v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20046 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -CHAKAI District- JAMUI ======================================================
1. Bijay Mahton @ Vijay Mahton S/o Arjun Mahton, R/o Village- Ram Nagar, Chanchour, P.S.- Ujiyarpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Chakai P.S. Case No. 26 of 2018 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
279 liters of foreign liquor is said to have been recovered from the Tata Safari vehicle and the petitioner who happens to be driver of the said vehicle was apprehended while one occupant of the vehicle managed to escape. 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 merely on suspicion. He has no
Patna High Court Cr.Misc. No.20046 of 2018 (02) dt.11-04-2018 2/ 2 concern with the seized liquor. He happens to be driver of the vehicle and had no knowledge of carrying the liquor in cartoon by its commuter who managed to escape. He has no criminal antecedent and has been languishing in custody since 22.02.2018. 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 I/C 2nd Additional Sessions Judge, Jamui in connection with Chakai P.S. Case No.26 of 2018 (G.R. No.548/18). (Prakash Chandra Jaiswal, J) Trivedi/- U T