Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36957 of 2018 Arising Out of PS. Case No.-299 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Umesh Mahto, Son of Rambali Mahto, Resident of Village- Kanhauli, Ward No. 10, Police Station- Kanhauli, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Madhubala Verma For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case No. C2/299 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

135 lts. of Nepali Saufi Wine is said to have been recovered from Tata Indica 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 vehicle in question and was transporting the same as per

Patna High Court Cr.Misc. No.36957 of 2018(3) dt.03-07-2018 2/2 instruction of its owner without any knowledge of keeping of liquor in the said car by its owner. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 21.05.2018. 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 A.D.J-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Case No. C2/299 of 2018.

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