Raju Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1683 of 2018 Arising Out of PS.Case No. -256 Year- 2017 Thana -BAUNSI District- BANKA ======================================================

1. Raju Kumar Ray S/o Bhagirath Ray, R/o Village- Samraspur, P.S.- Lodipur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bounsi P.S. Case No.256 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

85 liters of foreign liquor is said to have been recovered from the vehicle of the petitioner who happens to be driver of the said vehicle and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner happens to be driver of the aforesaid vehicle. He had no knowledge of

Patna High Court Cr.Misc. No.1683 of 2018 (02) dt.24-01-2018 2/ 2 transporting the liquor by the person sitting in the vehicle, who seeing the police party managed to escape and left the aforesaid articles in his vehicle. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 17.10.2017. . In the facts and circumstances of the case, 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 Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 256 of 2017.

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