Patna High CourtCR. MISC./44032/2018bail granted

Rabindra Sah v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44032 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Rabindra Sah S/o Thakur Sah, R/o Vill.- Hajipur- Kaithwalia, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey, APP 120 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Excise Case No. 104 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

216 liters of foreign liquor is said to have been recovered from the dicky and back seat of Bolero Jeep of which the petitioner is said to be the driver and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious 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.44032 of 2018(2) dt.20-07-2018 2/2 He happens to be driver of the aforesaid vehicle and was driving the same as per instruction of its owner without knowing keeping of liquor in the car by its owner. There is violation of Section 100 of the Criminal Procedure Code. He has no criminal antecedent. He has been languishing in custody since 16.05.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 104 of 2018 to the satisfaction of the Additional District & Sessions Judge, II, Gopalganj.

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