Raj Kumar Chauahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25773 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Raj Kumar Chauahan Son of Sri Gore Lal Chauhan Resident of VillagePinpakara, P.S. Pakari Barawan, District- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khaira P.S. Case No. 126 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(1) of Bihar Excise Prohibition Act.

101 lts. of country made liquor as well as foreign liquor are said to have been recovered from Scorpio vehicle and petitioner who happens to be driver of the said vehicle and one Rampyare Chauhan and Surendra Kumar sitting in the said vehicle were apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from

Patna High Court Cr.Misc. No.25773 of 2018(3) dt.20-06-2018 2/2 conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be mere driver of the vehicle in question and had no knowledge of carrying the liquor by its commuter, namely, Rampyare Chauhan and Surendra Kumar. He has no criminal antecedent. He has been languishing in custody since 03.04.2018. Said Rampyare Chauhan and Surendra Kumar have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 23.05.2018 passed in Cr. Misc. no. 30941 of 2018.

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 2nd Additional Sessions Judge, Jamui in connection with Khaira P.S. Case No. 126 of 2018.

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