Kishan Rishidev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51472 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -JOGBANI District- ARRARIA ====================================================== Kishan Rishidev S/o Vishundeo Rishidev R/o Village- Kushaha , P.S.- Simraha, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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 Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

15 litres of cough syrup is said to have been recovered from the motorcycle and petitioner sitting on the said motorcycle holding the bag was apprehended and driver of the said motorcycle managed to escape.

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 article. He was travelling by the said motorcycle

Patna High Court Cr.Misc. No.51472 of 2018 (2) dt.23-08-2018 2/2 taking lift from its driver, namely, Guddu Yadav on the way without knowledge of keeping of the aforesaid article in bag on the motorcycle. Said Guddu Yadav managed to escape leaving aforesaid article laden motorcycle there seeing the police personnel. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 12.06.2018.

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 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Special Case No. 681 of 2018 arising out of Jogbani P.S. Case No. 158 of 2018).

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