Barun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43868 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Barun Singh, Son of Shambhu singh, Resident of Village- Patharwa, P.S.- Tareya Sujan, District- Kushi Nagar (U.P.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 30(a),(b),(c), 38, 41(a), (b) of the Bihar Prohibition and Excise Act, 2016.

250 litres of foreign liquor is said to have been recovered from Wagon R car and petitioner who happens to be its driver was apprehended. Aforesaid liquor is hailing to Sanjay Singh and Bablu Singh as per account of the petitioner. 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. He happens to be mere driver of the vehicle in question and was plying the aforesaid vehicle as per instruction

Patna High Court Cr.Misc. No.43868 of 2018 (2) dt.20-07-2018 2/2 of its owner without knowing the contents of the cartoon. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 16.04.2018.

Considering the facts aforesaid, 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 Sessions Judge-II cum Special Judge, Excise Act, Gopalganj in connection with Kuchaikote P.S. Case No. 108 of 2018.

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