Bipin Kumar @ Bipin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36281 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Bipin Kumar @ Bipin Sharma, Son of Mundrika Sharma, resident of Village- Bauri, Police Station- Hulasganj and District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 126 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act-2016. 187.5 lts. of foreign liquor is said to have been recovered from dickey of the Honda City Car and 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 conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be simple driver of the aforesaid vehicle and was plying the same as per

Patna High Court Cr.Misc. No.36281 of 2018(4) dt.19-07-2018 2/2 instruction of its owner without knowing of keeping of aforesaid liquor in its dickey. He has been falsely implicated in this case at the instance of his enemy. Seizure list does not bear the signature of the petitioner. There is no compliance of 100 Cr.P.C. Though, five more cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 19.04.2018.

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 Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case No. 126 of (Prakash Chandra Jaiswal, J) rohit/- U T