Shamsher @Shamsher Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50972 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -MIRGANJ District- GOPALGANJ ====================================================== Shamsher @ Shamsher Singh, Son of Umed Singh, Resident of VillageEmadal Shapur, P.S.- Shalabad, District- Jajar (Jhajjar), Haryana. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No.-5 For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 272, 273 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

90 litres of foreign liquor is said to have been recovered from the I-20 Car and petitioner who happens to be driver of the said vehicle 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. He happens to be diver of the said vehicle

Patna High Court Cr.Misc. No.50972 of 2018 (2) dt.20-08-2018 2/2 and had no knowledge of carrying of the liquor in the carton by its commuter in the car who managed to escape leaving the aforesaid carton containing liquor in the car seeing the police personnel. He has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 20.07.2018. 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 Additional Sessions Judge-II cum Special Judge, Gopalganj in connection with Mirganj P.S. Case No. 206 of 2018 (GR No. 3276 of 2018). (Prakash Chandra Jaiswal, J) Kr. Uday/- U T