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Patna High CourtCR. MISC./19433/2018bail granted

Pradeep Jeemar @ Pradeep Kumar And ANR v. The State Of Bihar

2018-06-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19433 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Pradeep Jeemar @ Pradeep Kumar, S/o Lakshman Jeemar,

2. Surendra Jat S/o Mayaram Jat @ Mayaram, Both R/o Village- Rajpura, P.S.- Narnaud, District- Hisar (Hariyana).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Sections 272, 273, 420 and 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

930 litres of foreign liquor is said to have been recovered from the pickup ambulance van and the petitioners who happen to be its driver and khalasi respectively were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no

Patna High Court Cr.Misc. No.19433 of 2018 (3) dt.27-06-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case. They happen to be just engaged driver and khalasi and they were directed by its owner to transport the cough syrup kept in the carton at the destination and they were transporting the aforesaid article as per the instruction of the owner without knowing keeping of the liquor in the carton instead of cough syrup by its owner. Seizure list does not bear the signature of the petitioners. They have no criminal antecedent. They have been languishing in custody since 13.01.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Ahiyapur P.S. Case No. 38 of 2018.

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