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Patna High CourtCR. MISC./34698/2018bail granted

Amarjeet Yadav v. The State Of Bihar

2018-06-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34698 of 2018 Arising Out of PS. Case No. -135 Year- 2018 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Amarjeet Yadav, son of Mundrika Yadav, Resident of Village- Hardo Bara, Police Station- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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), (b), (c), 38, 41(a)(b) of the Bihar Prohibition and Excise Act, 2016.

77.760 liters of foreign liquor is said to have been recovered from the dicky of Santro car and the petitioner who happens to be its driver was 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 with the seized liquor. He had no knowledge of keeping the said liquor in the dicky of the Santro car by its owner. He was simply

Patna High Court Cr.Misc. No.34698 of 2018 (02) dt.21-06-2018 - 2 - driving the car at the instruction of its owner. He has no criminal antecedent and has been languishing in custody since 13.05.2018. 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 Sessions JudgeII-cum-Special Judge, Gopalganj in connection with Kuchaikote P.S. Case No. 135 of 2018.

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