Anil Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51798 of 2018 Arising Out of PS.Case No. -324 Year- 2018 Thana -ALAMGANJ District- PATNA ====================================================== Anil Roy, Son of Late Chandeshwar Rai, resident of village - Dewan Tok, P.S.-Ganga Bridge, District - Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

100 litres of country made liquor is said to have been recovered from the dickey of the Indica car and the petitioner sitting in the car was apprehended while driver of the said car managed to escape.

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 either with the seized liquor or car in question. He has been falsely implicated in the case. He happens to be simple commuter of the

Patna High Court Cr.Misc. No.51798 of 2018 (2) dt.23-08-2018 2/2 said car and he had no knowledge of keeping of the liquor in the dickey of the car by its driver who managed to escape leaving the aforesaid liquor laden car seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 26.06.2018.

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 Special Judge, Excise, Patna in connection with Special Case No. 5860 of 2018 arising out of Alamganj P.S. Case No. 324 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T