Abhimanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13337 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -DURAULI District- SIWAN ====================================================== Abhimanu Kumar, son of Laxman Singh, resident of village Siswa Khurd, P.S. Mairwa, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Darauli P.S. Case No. 244 of 2017 registered under Section 30 (a), 38 (i) and 41 (i) of the Bihar Prohibition and Excise Act, 2016. 267.840 liters of foreign liquor is said to have been recovered from the Hyundai car and the petitioner who happens to be its driver was apprehended while other accused persons 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. He has no concern with the seized liquor. The seized liquor is hailing to one Prince Kumar, the owner

Patna High Court Cr.Misc. No.13337 of 2018 (02) dt.07-03-2018 2/ 2 of the vehicle. Petitioner had no knowledge of keeping of the said liquor in the vehicle by its owner. He has no criminal antecedent. He has been languishing in custody since 15.11.2017. 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 Additional Sessions Judge-II-cum-Special Judge Excise, Siwan in connection with Darauli P.S. Case No. 244 of 2017.

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