Sonu Chourasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44505 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Sonu Chourasia Son of Virendra Prasad @ Virendra Chaurasia Resident of Village- Shekhpur, P.S. Sikandarpur, District Balia (U.P.). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammad Sufyan For the Opposite Party/s :
Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Katya P.S. Case no. 189 of 2018 registered for the offence punishable under Section 414 of I.P.C. and Sections 30(a), 35, 38 of the Bihar Prohibition and Excise Act, 2016.
362 lts. of foreign liquor is said to have been recovered from Maruti Suzuki car and its driver, namely, Ravi Kumar Singh and petitioner sitting in the said care were 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 either
Patna High Court Cr.Misc. No.44505 of 2018(3) dt.28-08-2018 2/2 with the seized liquor or with the vehicle in question. He happens to be simple commuter of the said vehicle and was travelling on it taking lift from its driver without any knowledge of keeping of liquor in the vehicle. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 17.06.2018. The charge-sheet in the case has already been submitted.
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 Katya P.S. Case no. 189 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T