Patna High CourtCR. MISC./43026/2018bail granted

Santosh Pandey v. The State Of Bihar

2018-07-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43026 of 2018 ======================================================

1. Santosh Pandey S/o Late Raj Kumar Pandey, R/o Vill.- Baniya Chhapar, P.S.- Kuchaikot, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 379 and 411 of the Indian Penal Code. 233 liters of foreign liquor is said to have been recovered from the Wagon R car and petitioner and one another accused Prince Dubey 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 either 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

Patna High Court Cr.Misc. No.43026 of 2018 (02) dt.17-07-2018 liquor in the car. Similarly situated co-accused Prince Dubey has been granted bail by this Court in Cr. Misc. No.42137 of 2018 vide order dated 13.07.2018. Though one more criminal case has been lodged against the petitioner but he is on bail in the said case. He 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 District Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Kuchaikot P.S. Case No. 145 of 2018.

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