Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27344 of 2018 Arising Out of PS.Case No. -215 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================
1. Pankaj Kumar S/o Yogendra Mandal @ Yogendra Rai, R/o Vill.- Nageshwar Bagh, P.S.- Sadar, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
103.68 liters of foreign liquor is said to have been recovered from the pickup van and its driver and petitioner sitting in the said vehicle were apprehended.
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 no concern either with the seized liquor or the vehicle in question. He was
Patna High Court Cr.Misc. No.27344 of 2018 (02) dt.03-05-2018 2/ 2 sitting in the said vehicle by taking lift from his driver and had no knowledge of keeping the said liquor in the 'dala' of the vehicle by its driver. He has no criminal antecedent and has been languishing in custody since 21.12.2017.
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 3rdAdditional Sessions Judge-cum-Special Judge Excise, Purnea in connection with Dagarua P.S. Case No.215 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T