Dilip Kumar @ Dilip Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44668 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Dilip Kumar @ Dilip Pandit son of Jagdev Pandit resident of village - Singhiya Hiwan, P.S. - Banjariya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 271 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

291 lts. of Nepali Saufi wine is said to have been recovered from under the seat of the tempo and petitioner, who happens to be its driver was apprehended while one other accused, namely, Jitendra Sahni sitting on the tempo managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.44668 of 2018(3) dt.07-08-2018 2/2 physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the said tempo and was plying the same without any knowledge of carrying of liquor under the seat by its commuter, who managed to escape seeing personnel of Excise Department leaving aforesaid liqor in the tempo. 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-VII-cum-Special Judge, Excise, Motihari, East Champaran in connection with Excise Case no. 271 of 2018.

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