Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50646 of 2017 Arising Out of PS.Case No. -470 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ====================================================== Akash Kumar, Son of Chhathu Ram, resident of Village- Amra, P.S.- Muffasil (Sasaram, District- Rohtas (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mrs. Leelawati Kumari, Advocate. For the Opposite Party : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 18.08.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that in course of checking of the vehicle, the police recovered 540 liters of country made liquor from the vehicle.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. It is further submitted that the petitioner is the driver of

Patna High Court Cr.Misc. No.50646 of 2017 (2) dt.18-10-2017 2/2 the vehicle in question. 540 liters of country made liquor is said to have been recovered from the vehicle in question. The petitioner had no knowledge regarding the goods being transported by the Transporter. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the prosecution report.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Additional Sessions Judge VII-cum-Special Judge, Aurangabad, in connection with Excise P.S. Case No. 470 of 2017.

U.K./- (Sudhir Singh, J) U T