Prince Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42137 of 2018 ====================================================== Prince Dubey, son of Harendra Dubey, Resident of Village - Isuapur, Police Station Kuchaikote, District - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Anish Chandra ====================================================== 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 30 (a), (b), (c), 38, 41(a),(b) of the Bihar Prohibition and Excise Act, 2016.

233 liters foreign liquor is said to have been recovered from the Wagon R car and petitioner and one Santosh Pandey sitting in the said car were apprehended.

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 was travelling by the said car and had no knowledge of keeping of the said liquor in the car. He has no

Patna High Court Cr.Misc. No.42137 of 2018 (02) dt.13-07-2018 - 2 - criminal antecedent and 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 Additional Sessions Judge 2nd -cum-Special Judge Excise, Gopalganj in connection with Kuchaikote P.S. Case No. 145 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T