Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35801 of 2018 Arising Out of PS.Case No. -250 Year- 2018 Thana -AGAMKUAN District- PATNA ====================================================== Bittu Kumar, Son of Ramayan Sah, resident of Village- Kamla Gopalpur, P.S.- Maner, District- Patna at present Tenant of Mahendra Singh, Ramlakhan Path, P.S.- Ramkrishna Nagar, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

80 litres of country made liquor is said to have been recovered from the box made beneath the seat of the driver of the tempo and the petitioner who happens to be driver of the said tempo 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

Patna High Court Cr.Misc. No.35801 of 2018 (2) dt.29-06-2018 2/2 with the seized liquor. He happens to be driver of the said vehicle and was plying the said vehicle without knowledge of keeping of the liquor in the box of the tempo by its owner. He has no criminal antecedent. He has been languishing in custody since 10.04.2018. 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 Special Judge, Excise, Patna in connection with Special Case No. 3456 of 2018 arising out of Agam Kuan P.S. Case No. 250 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T