Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33822 of 2018 Arising Out of PS.Case No. -191 Year- 2018 Thana -BARHARA District- BHOJPUR ======================================================

1. Chandan Kumar, S/o- Nawal Kishore Prasad @ Naval Kishore Sah, R/o Village Karman Tolla, Ara, Post+P.S.- Ara Nawada, District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-06-2018 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) of the Bihar Prohibition and Excise Act, 2016.

43 liters of foreign liquor is said to have been recovered from the tempo and petitioner and two other persons sitting in the said tempo 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 with the seized liquor. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the tempo. He has

Patna High Court Cr.Misc. No.33822 of 2018 (03) dt.19-06-2018 2/ 2 no criminal antecedent and has been languishing in custody since 17.05.2018.

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 4th-cum-Special Judge Excise, Bhojpur at Ara in connection with Barhara P.S. Case No.191 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T