Manoj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51160 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== Manoj Sahni S/o Laldev Sahni, R/o Vill.- Chaklalsahi, P.S.- Tajpur (Hali O.P.), District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Manoj Kumar-1 ====================================================== 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 and 273/34 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 Mahindra KUV 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. He happens to be driver of the aforesaid car

Patna High Court Cr.Misc. No.51160 of 2018 (2) dt.20-08-2018 2/2 and he had no knowledge of carrying of the liquor in the carton in his car by its commuter who managed to escape leaving aforesaid carton containing liquor seeing the police personnel and the petitioner has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 15.07.2018.

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 Addl. Sessions Judge-VI cum Special Judge, Excise Act, Samastipur in connection with Sarairanjan P.S. Case No. 100 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T