Chandan Sharma @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19651 of 2018 Arising Out of PS. Case No.-631 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Chandan Sharma @ Chandan Kumar Son of Suresh Sharma Resident of Karouta, P.S. Paras Bigha, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr Singh No.1 For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Jehanabad P.S. Case no. 631 of 2017 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016 and Section 120(B) of the I.P.C.
108 lts. of foreign liquor is said to have been recovered from a Alto car and its driver, namely, Akshay Kumar @ Mantan was apprehended who disclosed the name of the petitioner as owner of the said car.
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 with
Patna High Court Cr.Misc. No.19651 of 2018(2) dt.27-04-2018 2/2 the seized liquor. Though, he happens to be owner of the aforesaid vehicle, but he had no knowledge of transporting the said liquor by its driver Akshay Kumar @ Mantan to whom he has given the said vehicle for plying on agreement. Though, one more criminal case has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 24.02.2018. Said Akshay Kumar @ Mantan has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 18.12.2017 passed in Cr. Misc. no. 58313 of 2017. 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 2nd Addl. Session Judge, Jehanabad in connection with Jehanabad P.S. Case no. 631 of 2017.
(Prakash Chandra Jaiswal, J) rohit/- U T