Hanuman Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46470 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Hanuman Mukhiya Son of Late Dev Narayan Mukhiya Resident of Village - Rampur Ward no.13, P.S.- Murliganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in C-1 Case No. 120 of 2021, registered for the offence punishable punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act, 2018. 702 litres of foreign liquor has been recovered from a pick-up van of which this petitioner was driver and was apprehended by the police.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment which was being transported by the vehicle in question. Petitioner is in custody since 10.07.2021 having no

Patna High Court CR. MISC. No.46470 of 2021(2) dt.16-11-2021 2/2 criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, 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, Purnea in connection with C-1 Case No. 120 of 2021. (Prabhat Kumar Singh, J) vinita/- U T