Raju Kumar Ram @ Raju Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44663 of 2018 Arising Out of PS.Case No. -124 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================
1. Raju Kumar Ram @ Raju Ram son of Mohan Ram Resident of village - Sareya, Ward No. 2, Police Station - Gopalganj Nagar, District - Gopalganj.
2. Jaimuddin Alam alias Jaimuddin Azam alias Jainuddin Alam @ Javed son of Late Ful Mohammad Miya Resident of village - Rajokhar, Naya Tola, Police Station - Gopalganj Nagar, District - Gopalganj. .... .... 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. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
129.600 litres of foreign liquor is said to have been recovered from the dickey of Bolero pickup van and the petitioner no.1 Raju Kumar Ram who happens to be its driver and petitioner no.2 Jaimuddin Alam sitting in the said vehicle were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.44663 of 2018 (2) dt.25-07-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. Petitioner no.1 Raju Kumar Ram happens to be driver of the said vehicle and petitioner no.2 Jaimuddin Alam its commuter and they had no knowledge of keeping of the liquor in the dickey of the aforesaid vehicle by its owner. Petitioner no.1 Raju Kumar Ram was plying the aforesaid vehicle as per the instruction of its owner. There is violation of Section 100 Cr.P.C. They have no criminal antecedent. They have been languishing in custody since 04.06.2018. Considering the facts aforesaid, 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 Addl. Sessions Judge-II cum Special Judge, Excise, Gopalganj in connection with Excise Case No. 124 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T