Manish Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50577 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Manish Jaiswal, S/o. Umesh Prasad, R/o. Village- Ruphari, P.S.- Shikarganj, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

108 litres of Nepali saufi wine is said to have been recovered from the Maruti Car. 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 said car and

Patna High Court Cr.Misc. No.50577 of 2018 (2) dt.16-08-2018 2/2 had no knowledge of keeping of said liquor in the bag by its commuter. Who managed to escape leaving the aforesaid bag containing liquor in the car seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 24.06.2018.

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 VIIth Additional Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 92 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T