Munna Kumar @ Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46916 of 2018 Arising Out of PS. Case No.-405 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Munna Kumar @ Varun Kumar, S/o Hariwallav Yadav, R/o Vill-Khahauta, P.S. Gwalpara, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 405 of 2018 registered for the offence punishable under Sections 414, 279, 427 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 11.880 lts. of foreign liquor is said to have been recovered from Alto car and its driver, namely, Prince Kumar managed to escape while petitioner sitting in the said car 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 either

Patna High Court Cr.Misc. No.46916 of 2018(2) dt.01-08-2018 2/2 with the seized liquor or with the vehicle in question. He happens to be simple commuter of the said car and was traveling in it without any knowledge of keeping of liquor in the car. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 11.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge-II, Madhepura in connection with Madhepura P.S. Case No. 405 of 2018.

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