Patna High CourtCR. MISC./42177/2018bail granted

Bittu Kumar v. The State Of Bihar

2018-08-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42177 of 2018 ====================================================== Bittu Kumar S/o Om Prakash Yadav @ Manju Yadav, R/o Vill.- Dev Bigha (Present neer Dhamouli Bridge P.S. Rahui (Wena), Distt.- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rabindra Prasad Singh, Adv. For the Opposite Party : Mrs. Pushpa Sinha, APP-121 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.

233 liters of foreign liquor is said to have been recovered from the roof of the bus and the petitioner, who happens to be driver of the said bus, 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. The petitioner happens to be driver of the bus in question and he had no knowledge of keeping of the said liquor on the roof of the bus by its commuter who managed to escape seeing

Patna High Court Cr.Misc. No.42177 of 2018 (04) dt.20-08-2018 - 2 - the police party leaving the aforesaid liquor on the roof of the bus. He has no criminal antecedent and has been languishing in custody since 24.06.2018.

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 Additional Sessions Judge-VI-cum-Special Judge Excise, Nalanda (Biharsharif) in connection with Rahui (Wena) P.S. Case No.193 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/R.RanjanU T