Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20997 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Rajiv Kumar, Son of Dineshwar Paswan, resident of Kiratpur Rajaram, Police Station Bhagawanpur, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Goraul P.S. Case No. 42 of 2017, registered under Section 30(a), 32(ii), 38 and 41(i) of the Bihar Excise Act, 2016.

The accusation is that in course of checking of the vehicle, Police gave signal to stop one pick up van, which was being driven by the petitioner. At that time, three persons succeeded to flee away, who were sitting in the said vehicle, and petitioner being the driver of the vehicle was apprehended by the Police. On search of the vehicle, 54 cartons containing 2592 bottles of 180 ML and 14 cartons containing 168 bottles of 750 ML of India made foreign liquor were recovered. Learned counsel for the petitioner submits that it

Patna High Court Cr.Misc. No.20997 of 2017 (3) dt.21-06-2017 2/2 would appear from the F.I.R. that petitioner is not the owner of the vehicle and the petitioner is simply a driver of the said vehicle and he has no knowledge about keeping of liquor in the vehicle. Moreover, the petitioner has no criminal antecedent and he is in custody since 05.03.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Hajipur, Vaishali in connection with Goraul P.S. Case No. 42 of 2017.

(Rajendra Kumar Mishra, J) manish/- U T