Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44793 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Rajeev Kumar, S/o Ajay Singh, R/o Vill-Pandey Gangot, P.S. Rupow, Phul Dih Distt-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with G.O. Case no. 209 of 2018 registered under Sections 30(a) & 56 (d) of Bihar Excise and Prohibition Act-2016.

79.5 lts. of foreign liquor is said to have been recovered from Bolero vehicle and petitioner who happens to be its driver 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 concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in this case by the personnel of Excise

Patna High Court Cr.Misc. No.44793 of 2018(2) dt.24-07-2018 2/2 Department while he was passing through the place of occurrence at the time of occurrence and driver of the aforesaid vehicle managed to escape leaving aforesaid liquor laden vehicle seeing the Excise personnel. He has no criminal antecedent. He has been languishing in custody since 01.06.2018.

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 Addl. District Judge-II-cum-Special Judge, Nawada in connection with G.O. Case no. 209 of 2018.

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