Ankit Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19459 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== ANKIT GIRI Son of Janeshwar Giri @ Janeshwar Resident of Village - Chhajpur, P.S.- Sanauli, District- Panipat (Haryana) ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a)/32 of Bihar Prohibition and Excise Act, 2018.
2098 liters of foreign liquor is said to have been recovered from the truck kept beneath the carton of Dr. Fixit and three persons including petitioner were apprehended. It is submitted by the 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 any trade of liquor. The petitioner happens to be Khalasi of the vehicle in question and
Patna High Court CR. MISC. No.19459 of 2019(3) dt.21-05-2019 2/2 he had no knowledge of keeping of the said liquor on the said truck beneath the cartons of the Dr. Fixit. Petitioner has no criminal antecedent. Petitioner has been languishing in judicial custody since 28.11.2018. Similarly situated co-accused namely Rahul Kumar @ Rahul Rajpur and Rakesh Kumar @ Rakesh have been enlarged on bail by co-ordinate Bench of this Court passed in CR. Misc. No. 20992 of 2019 vide order dated 04.04.2019.
Learned A.P.P. for the State opposed the bail petition. 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 2nd Additional Sessions Judge-cum-Special Judge Excise, Lakhisarai in connection with Halsi P.S. Case No. 201 of 2018. (Prakash Chandra Jaiswal, J) T.Kr./- U T