Patna High CourtCR. MISC./47089/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-08-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47089 of 2018 Arising Out of PS.Case No. -180 Year- 2018 Thana -GOVT. OFFICIAL COMPLAINT CASE District- SEKHPURA ======================================================

1. Mukesh Kumar, Son of Yugal Yadav, Resident of Village- Pachna, P.S. and District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 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 Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.

30 liters of foreign liquor is said to have been recovered from the Maruti Suzuki car and the 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 the conscious physical possession of the petitioner. He has no concern with the seized liquor. The petitioner happens to be driver of the car in

Patna High Court Cr.Misc. No.47089 of 2018 (2) dt.02-08-2018 2/2 question and he had no knowledge of keeping of the said liquor in the car. He was plying the car at the instruction of his owner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 17.07.2018. 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, Sheikhpura in connection with Sheikhpura P.S. Case No. 180 C2 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T