Patna High CourtCR. MISC./41449/2018bail granted

Umesh Singh v. The State Of Bihar

2018-07-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41449 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Umesh Singh, Son of Vijay Kumar Singh, resident of village - Aamar Chhatauni, P.S.-Chhatanuni, District-Motihari, East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 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.

180 litres of Nepali saufi wine is said to have been recovered from the Maruti Car and the petitioner who happens to be its driver was apprehended while its owner namely Harendra Yadav managed to escape.

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 has been falsely implicated in the case.

Patna High Court Cr.Misc. No.41449 of 2018 (2) dt.11-07-2018 2/2 He was simply plying the aforesaid vehicle at the instruction of his owner and he had no knowledge of keeping of the aforesaid liquor in the said vehicle by its owner. Though two more cases under Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases. The petitioner has been languishing in custody since 25.04.2018.

Considering the facts aforesaid, 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 Judge, Excise, Motihari in connection with Chhatauni P.S. Case No. 99 of 2018.

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