Murat Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43002 of 2018 Arising Out of PS. Case No.-170 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Murat Kumar Ram S/o Vidhi Ram, R/o Vill.- Malan , P.S.- Yadopur , DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kuchaykot P.S. Case no. 170 of 2018 registered for the offence punishable under Sections 30(a)(b)(c)/ 38/41(a)(b) of the Bihar Prohibition and Excise Act, 2016.

388.800 lts. of foreign liquor is said to have been recovered from dickey of the Honda City car and petitioner, who happens to be its driver was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the said car and

Patna High Court Cr.Misc. No.43002 of 2018(3) dt.10-08-2018 2/2 was plying the same as per instruction of its owner without any knowledge of keeping of liquor in the dickey of the said car by its owner. He does not happen to be owner of the vehicle in question rather onwer is Md. Kalam. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 12.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Kuchaykot P.S. Case no. 170 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T