Deepak Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.42165 of 2018 (02) dt.13-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42165 of 2018 ====================================================== Deepak Kumar, S/o Nand Kishore Singh, R/o Vill.- Tellauthu Bazar, P.S.- Tellouthu, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 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 Sections 290 and 120B of the Indian Penal Code and Section 30 (1) of the Bihar Prohibition and Excise Act, 2016. 50.760 liters of foreign liquor is said to have been recovered from the car and petitioner was apprehended during the course of escaping from the said car.
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 or the car in question. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the car while the driver of the car managed to escape leaving the
Patna High Court Cr.Misc. No.42165 of 2018 (02) dt.13-07-2018 liquor laden car. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 24.05.2018. 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-VI, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 204 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T