Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2379 of 2018 Arising Out of PS.Case No. -528 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Raj Kumar, Son of Ashok Gupta, resident of New Godwn Pahsi, P.S.- Kotwali, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shivendra Prasad, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barachatty P.S. Case No. 528 of 2017 registered under Sections 30(a), 38, 47 and 49 of the Bihar Prohibition and Excise Act, 2016.

180 litres of country made liquor is said to have been recovered from the Maruti Van and the petitioner and coaccused Rahul Kumar who happens to be the driver were apprehended by the police.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. The petitioner neither happens to be the driver nor the owner of the vehicle rather simple commuter of

Patna High Court Cr.Misc. No.2379 of 2018 (2) dt.23-01-2018 2/2 the same and had no knowledge of keeping liquor in the vehicle. He has no criminal antecedent. The petitioner has been languishing in custody since 28.08.2017.

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, Gaya in connection with Barachatty P.S. Case No. 528 of 2017.

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