Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54261 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -SULTANGANJ District- PATNA ======================================================

1. Raja Kumar S/o Rajendra Mahto @ Rajendra Prasad, R/o Mohalla- Devi Asthan Chai Tola, P.S.- Sultanganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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.

16.400 liters of country made liquor is said to have been recovered from the bag of the petitioner.

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 a labourer and was transporting the aforesaid bag as per instruction of the motorcycle rider on petty remuneration without knowing the contents of the said

Patna High Court Cr.Misc. No.54261 of 2018 (02) dt.31-08-2018 - 2 - bag. He has no criminal antecedent and has been languishing in custody since 25.07.2018.

In the facts and circumstances of the case, 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 Special Judge Excise Act, Patna in connection with Special Case No.6810 of 2018, arising out of Sultanganj P.S. Case No.205 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T