Pinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49033 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Pinku Singh, Son of Rajendra Singh, resident of Village- Chaputoli, P.S. Pundar, District- Ranghi, (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gaya Excise Case No. 225 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Act, 2016.

102 lts. of foreign liquor is said to have been recovered from secret box made in the car 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 with the seized liquor. He happens to be driver of the aforesaid car and

Patna High Court Cr.Misc. No.49033 of 2018(2) dt.10-08-2018 2/2 was playing the same as per instruction of its owner without any knowledge of keeping of liquor in the secret box made in the car by its owner. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 30.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in connection with Gaya Excise Case No. 225 of 2018 .

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