Ashok Mahto @ Ashok Mahton @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52655 of 2018 Arising Out of PS.Case No. -378 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Ashok Mahto @ Ashok Mahton @ Ashok Singh, son of Ram Sevak Singh, Resident of village - Lakho Nipania, Ward No. 3, P.S.-Muffasil, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

164 litres of foreign liquor is said to have been recovered from the Bolero pickup van 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 simple driver of the said

Patna High Court Cr.Misc. No.52655 of 2018 (2) dt.27-08-2018 2/2 vehicle and was plying it as per the instruction of its owner to transport the cartons kept on the vehicle at the destination without any knowledge of keeping of the liquor in the carton. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 06.07.2018. 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-II cum Special Judge, Excise Act, Begusarai in connection with Muffasil P.S. Case No. 378 of 2018.

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