Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32230 of 2018 Arising Out of PS.Case No. -146 Year- 2018 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Sushil Kumar, Son of Premchand Singh, R/o Village- Dandwa, P.O.- Saitha, P.S.- Bhabua, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

230 litres of spirit is said to have been recovered from the Safari vehicle of the petitioner and the petitioner who happens to be driver of the said vehicle was apprehend while two accused persons managed to escape alighting from the said vehicle.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.32230 of 2018 (3) dt.18-06-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He happens to be driver of the aforesaid vehicle and owner of the seized article managed to escape seeing the police party. He has no criminal antecedent. He has been languishing in custody since 22.04.2018.

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 A.D.J.-IV cum Special Judge, Kaimur at Bhabua in connection with Excise Case No. 372 of 2018 arising out of Durgawati P.S. Case No. 146 of 2018.

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