Patna High CourtCR. MISC./26346/2018bail granted

Manish Kumar v. The State Of Bihar

2018-05-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26346 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Manish Kumar Son of Chandrarup Rai @ Chandra Gupta Yadav resident of Village - Bhalai, Ward No. 19 (Bhalai), P.S. Supaul, District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

387.400 litres of country made liquor is said to have been recovered from the Innova car and the petitioner who happens to be its driver and three other accused persons 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

Patna High Court Cr.Misc. No.26346 of 2018 (2) dt.03-05-2018 2/2 with the seized liquor. He happens to be driver of the said vehicle and had no knowledge of keeping of the aforesaid liquor in the jute bag by its commuters who were also apprehended by the police. He has no criminal antecedent. He has been languishing in custody since 23.03.2018.

Considering the facts aforesaid, 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 Special Judge, Excise, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 177 of 2018.

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