Ramasankar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22864 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- DESARI District- Vaishali ====================================================== Ramasankar Ray (male), aged about 45 years, Son of Sundeswar Ray, Resident of Village-Terasiya, P.S-Ganga Bridge, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-04-2019 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.

200 litres of country made liquor is said to have been recovered from Alto Car and 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 vehicle in question and had no knowledge of keeping of the

Patna High Court CR. MISC. No.22864 of 2019(2) dt.10-04-2019 2/2 liquor in the vehicle by its owner. He was simply plying the vehicle at the instruction of its owner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 14.02.2019.

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 Additional Sessions Judge-II cum Special Judge, Vaishali, Hajipur in connection with Desri P.S. Case No. 41 of 2019. (Prakash Chandra Jaiswal, J) mantreshwar/- U T