Patna High CourtCR. MISC./2556/2018bail granted

Pannalal Sah @ Pannalal Prasad v. The State Of Bihar

2018-01-23Mr. Justice Prakash Chandra Jaiswal2 pages

.IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2556 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Pannalal Sah @ Pannalal Prasad, son of Mahesh Sah @ Mahesh Prasad of village Dumra, Police Station Chanpatia, District West Champaran. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== 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 Mainatand P.S. Case No. 106 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

94.250 liters of foreign liquor is said to have been recovered from a four wheeler and the driver of the said vehicle Naresh Prasad was arrested.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner happens to be owner of the said vehicle and he had given the said vehicle to its driver Naresh Prasad for plying. He had no knowledge of ferrying the aforesaid liquor by the driver of the said vehicle. He

Patna High Court Cr.Misc. No.2556 of 2018 (02) dt.23-01-2018 - 2 - has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 25.11.2017. The driver of the said vehicle, namely, Naresh Prasad has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.61710 of 2017 vide order dated 21.12.2017. . 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, West Champaran at Bettiah in connection with Mainatand P.S. Case No.106 of 2017.

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