Md. Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24782 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Md. Sonu S/o Md. Sariuddin, R/o Vill.- Murgiyachak, Ward No.-9, P.S.- Khagaria, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== 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 Khagaria P.S. Case no. 94 of 2018 registered under Sections 290, 273 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 24 lts. of country made liquor is said to have been recovered from a motorcycle and petitioner and two other accused persons sitting on the said motorcycle 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 either

Patna High Court Cr.Misc. No.24782 of 2018(2) dt.01-05-2018 2/2 with the seized liquor or with the motorcycle in question, rather the aforesaid motorcycle is hailing to Vinit Kumar. Petitioner was riding in the said motorcycle taking lift from its driver and had no knowledge of keeping of the said liquor in the motorcycle. He has no criminal antecedent. He has been languishing in custody since 26.02.2018.

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 Addl. Sessions Judge-III-cum-Special Judge, Excise, Khagaria in connection with Khagaria P.S. Case no. 94 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T