Suraj Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25100 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Suraj Kumar Mishra S/o Late Bharat Mishra, R/o Vill.- Mathiya Dih, P.S.- Chhatauni, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 152 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

81 lts. of Nepali wine is said to have been recovered from the dickey of the tempo 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 had no knowledge of keeping of the aforesaid liquor in the dickey of the tempo by its owner. He has

Patna High Court Cr.Misc. No.25100 of 2018(2) dt.01-05-2018 2/2 no criminal antecedent. He has been languishing in custody since 28.03.2018.

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-IV-cum-Special Judge, Excise, East Champaran, Motihari in connection with Excise Case no. 152 of 2018.

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