Vijay Kumar Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35782 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -KHARAGPUR District- MUNGER ======================================================

1. Vijay Kumar Paswan, Son of Kare Lal Paswan, resident of Chandan Nagar, Police Station Mufassil, District- Munger.

2. Dharmveer Kumar, Son of Late Namo Paswan, resident of Naya Tola, Bhagat Chauki, Sai Mandir, Nawagarhi, Police Station Mufassil, District- Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

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

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

Petitioners seek bail in a case registered for the offence punishable under Sections 30 and 32 of the Bihar Prohibition and Excise Act, 2016.

92.250 litres of foreign liquor is said to have been recovered from the Hundai car and the petitioner no.1 Vijay Kumar Paswan who happens to be its driver and petitioner no.2 Dharmveer Kumar sitting in the said car were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.35782 of 2018 (2) dt.29-06-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. Petitioner no.1 happens to be driver of the said car while petitioner no.2 is its passenger and they had no knowledge of keeping of the liquor in the dickey of the car by its owner. Petitioner no.1 was playing the said car as per the instruction of his owner. They have no criminal antecedent and have been languishing in custody since 23.04.2018. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Munger in connection with Kharagpur P.S. Case No. 104 of 2018.

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