Tinku Kumar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28984 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Tinku Kumar Sao S/o Late Kishun Sao, R/o Vill.- Chechai, P.S.- Kodarma, District- Kodarma (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Deepnagar P.S. Case No. 03 of 2018 for the offence punishable under Section(s) 30, 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation of the prosecution is regarding recovery of 800 litres of illicit Jharkhand made country wine. The learned counsel for the petitioner submits that the petitioner is innocent and he is merely the driver of the vehicle from where the recovery had been made, hence, he was not in the knowledge as to what had been loaded in the vehicle. It is further submitted that similarly situated co-accused persons have already been granted bail by this Court by an order dated

Patna High Court Cr.Misc. No.28984 of 2018 (3) dt.21-05-2018 2/2 08.03.2018 passed in Cr. Misc. No.12421 of 2018 and order dated 04.04.2018 passed in CR. Misc. No.18555 of 2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge cum Special Judge-cumSpecial Judge, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 03 of 2018.

(Mohit Kumar Shah, J) Sanjeev/- U T