Binod Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46788 of 2018 Arising Out of PS.Case No. -220 Year- 2018 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Binod Kumar Yadav Son of Tanoja Singh@ Tanaja Singh Resident of Village- Srinagar, P.S. Ayar, Distt. Bhojpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shiv Prasad Gupta, Adv. For the Opposite Party : Mr. Ram Priya Saran Singh, APP-52 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 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 414 Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 555 mls. of foreign liquor is said to have been recovered from a Bolero vehicle and the petitioner who happens to be driver of the said vehicle was apprehended and its owner, namely, Pintoo 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. The petitioner happens to be driver of the vehicle in question and he had no knowledge of keeping of the said liquor in
Patna High Court Cr.Misc. No.46788 of 2018 (3) dt.02-08-2018 - 2 - the vehicle. He has been falsely implicated in this case. He has no criminal antecedent and has been languishing in custody since 04.06.2018.
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 Special Judge Excise, Bhoupur at Ara in connection with Jagdishpur P.S. Case No. 220 of 2018, Excise Case No. 941 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T