Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52672 of 2018 Arising Out of PS.Case No. -88 Year- 2018 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Nandan Kumar, S/o Bablu Prasad Singh, resident of village - Dumri, P.S.- Nayagaon, District - Chhapra at present R/o Mohalla - Bikas Nagar, near Gas Godown, Police Station - Digha, District - Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shilpi Keshri For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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.
81 litres of foreign liquor is said to have been recovered from the dickey of the Indica car and the petitioner who happens to be its driver and co-accused Sunny Kumar who happens to be owner of the said vehicle were 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 said vehicle
Patna High Court Cr.Misc. No.52672 of 2018 (2) dt.27-08-2018 2/2 and was plying it as per the instruction of its owner without any knowledge of keeping of the liquor in the vehicle by its owner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 16.06.2018. 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 Addl. Sessions Judge-II cum Special Judge, Vaishali, Hajipur in connection with Ganga Bridge P.S. Case No. 88 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T