Shiv Narayan Chourasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2555 of 2018 Arising Out of PS.Case No. -1797 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ======================================================
1. Shiv Narayan Chourasiya S/o Vindu Prasad Chourasiya @ Vindu Prasad, R/o Village- Ward No. 23 Bhabua, P.S.- Bhabua, Distt.- Kaimur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Excise Case No.1797 of 2017 (arising out of Excise P.R. No.91/2017-18) registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 26.400 liters of foreign liquor is said to have been recovered from the possession of the accused Pintu Kumar Gupta who was sitting on the motorcycle as a pillion rider and the petitioner was driving the same.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no
Patna High Court Cr.Misc. No.2555 of 2018 (02) dt.24-01-2018 2/ 2 concern with the seized liquor. He had given lift to the accused Pintu Kumar Gupta and had no knowledge of keeping the liquor by the said accused in the bag. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 04.12.2017. . 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 Special Judgecum-Additional Sessions Judge-IV, Kaimur at Bhabua in connection with Excise Case No.1797 of 2017 (arising out of Excise P.R. No.91/2017-18).
(Prakash Chandra Jaiswal, J) Trivedi/- U T