Jimdar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47911 of 2018 Arising Out of PS.Case No. -232 Year- 2018 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Jimdar Rajak, Son of Late Val Kishun Rajak, resident of Village- Kanti, Ward No. 3, P.S. Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 414, 273 and 290/34 of the Indian Penal Code and Sections 30(a), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

376.200 litres of foreign liquor is said to have been recovered from the Maruti Suzuki car and the petitioner who happens to be its driver was apprehended in the course of escaping from the said car.

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.47911 of 2018 (3) dt.28-08-2018 2/2 with the seized liquor. He happens to be driver of the said vehicle and was plying it as per the instruction of its owner without any knowledge of keeping of the liquor in the vehicle by its owner. There is violation of Section 100 Cr.P.C. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 15.06.2018.

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 Special Judge, Excise, Muzaffarpur in connection with Minapur P.S. Case No. 232 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T