Md. Ramjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28040 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Ramjan S/o Md. Khairati, R/o Vill.- Manikpur, P.S.- Mehsi (now Madhuban), District- East Champaran at Motihari. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Jai Shanker Prasad For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 467, 468, 471, 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
197.76 litres of foreign liquor is said to have been recovered from the Corolla Altis car and the petitioner who happens to be driver of the said vehicle 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
Patna High Court Cr.Misc. No.28040 of 2018 (3) dt.19-06-2018 2/2 with the seized liquor. He happens to be mere driver of the vehicle in question and had no knowledge of keeping of the aforesaid liquor in the carton in the box of the said car by its owner. He has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 14.04.2018. Considering the facts aforesaid, 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-IV cum Special Judge, Excise Act, East Champaran in connection with Dumaria Ghat P.S. Case No. 60 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T