Ram Kishore Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44145 of 2018 Arising Out of PS.Case No. -278 Year- 2018 Thana -SHERGHATI District- GAYA ======================================================
1. Ram Kishore Kumar, S/o Dhaneshwar Chaudhary, resident of VillageBairichak, P.S.- Bodhgaya, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 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 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
240 liters of country made liquor is said to have been recovered from the Maruti-800 car and the petitioner who happens to be driver of the said car was 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 with the seized liquor. The petitioner happens to be driver of the vehicle in
Patna High Court Cr.Misc. No.44145 of 2018 (2) dt.23-07-2018 question and had no knowledge of keeping of the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 24.05.2018. 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 Special Judge Excise Act, Gaya in connection with Sherghati P.S. Case No. 278 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T