Vikash Kumar Ram @ Vishal Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43846 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- GOPALPUR District- Gopalganj ====================================================== Vikash Kumar Ram @ Vishal Kumar Ram, S/o Jelar Ram Resident of Village-Manikpur, P.S.-Gopalganj, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== 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 connection with Gopalpur P.S. Case No. 49 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act-2016.

120.960 lts. of foreign liquor is said to have been recovered from back seat of the car in the cartoon and the petitioner who is said 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 conscious physical possession of the petitioner. He has no

Patna High Court Cr.Misc. No.43846 of 2018(2) dt.20-07-2018 2/2 concern with the seized liquor or with the car in question. He happens to be simple commuter of the said car and was travelling in front of the car taking lift from its driver without knowing of keeping of liquor in the cartoon of its back seat and driver of the said car managed to escape seeing the police party abandoning the aforesaid laden liquor car. He has no criminal antecedent. He has been languishing in custody since 20.04.2018.

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 and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Gopalpur P.S. Case No. 49 of 2018.

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