Patna High CourtCR. MISC./35797/2018bail granted

Saroj Kumar v. The State Of Bihar

2018-06-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35797 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -AMBA District- AURANGABAD ======================================================

1. Saroj Kumar, Son of Dhupan Paswan, Resident of Village- Pritampur, P.S.- Barun, District- Aurangabad (BIHAR).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mrs. Leelawati Kumari For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 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) and 38 of the Bihar Prohibition and Excise Act, 2016.

230 liters of country made liquor is said to have been recovered from the Tata Indigo Car and petitioner and three other accused sitting in the said car were 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 either with the seized liquor or the vehicle in question. He happens to be a simple commuter and had no knowledge of keeping of the said

Patna High Court Cr.Misc. No.35797 of 2018 (02) dt.29-06-2018 - 2 - liquor in the vehicle. He has been falsely implicated in the case. He has no criminal antecedent and has been languishing in custody since 16.05.2018.

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 Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Amba P.S. Case No. 41 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T