Raushan Singh @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31422 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Raushan Singh @ Raushan Kumar Singh S/o Sanjay Singh, R/o Vill.- Labhgun (Laggav Ward No. 4), P.S.- Khagaria (O.P. Gangaur), DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 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 Section 30 (a) and 37(a)(b) of the Bihar Prohibition and Excise Act, 2016.

43.2 liters of foreign liquor is said to have been recovered from a vehicle 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 with the seized liquor. He happens to be driver of the vehicle in

Patna High Court Cr.Misc. No.31422 of 2018 (2) dt.22-05-2018 2/2 question and had no knowledge of carrying of the aforesaid liquor in the cartons by its commuter who managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 10.04.2018.

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 3rd Additional Sessions Judge-cum-Special Judge Excise Act, Samastipur in connection with Rosera P.S. Case No. 112 of 2018. (Prakash Chandra Jaiswal, J.) Rakhi U T