Patna High CourtCR. MISC./41450/2018bail granted

Shyam Kumar Chaudhari v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41450 of 2018 Arising Out of PS. Case No.-440 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Shyam Kumar Chaudhari, S/o Late Heera Lal Chaudhari, R/o VillageRupnagar, Ward no. 40, P.S. and District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subesh Sharma For the Opposite Party/s :

Mr. Ashok 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 connection with Madhepura (O.P.-Parmanandpur) P.S. Case No. 440 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

13 lts. of foreign liquor is said to have been recovered from dickey of the Alto car and petitioner who happens to be its driver was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be simple driver

Patna High Court Cr.Misc. No.41450 of 2018(2) dt.11-07-2018 2/2 of the vehicle in question and was driving the same as per instruction of its owner without any knowledge of keeping of liquor in the dickey of the said car by its owner. He has no criminal antecedent. He has been languishing in custody since 19.06.2018.

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 A.D.J-III, Madhepura in connection with Madhepura (O.P.- Parmanandpur) P.S. Case No. 440 of 2018.

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