Rahul Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43774 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Rahul Kumar, son of Shyam Babu.

2. Viru Kumar, son of Ramjatan Singh.

Both resident of village Paigambarpur, P.S. Khushrupur, District Patna. .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

99 liters of foreign liquor is said to have been recovered from the Honda City car and the petitioners sitting in the said car were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the car in question. They neither happen to be driver or khalasi or owner of the car in question. They

Patna High Court Cr.Misc. No.43774 of 2018 (02) dt.19-07-2018 2/ 2 happen to be simple commuters and were travelling in the car by taking lift from its driver and had no knowledge of keeping of the said liquor in the car while the driver of the car managed to escape leaving the liquor laden car seeing the personnel of Excise Department. They have no criminal antecedent and have been languishing in custody since 13.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya in connection with Excise Case No.205 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T