Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25490 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== Keshav Kumar S/o Binod Kumar Sharma, R/o Vill.- Hatgachi Madhura, P.S.- Sourbazar, District- Saharsa.

... ... 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. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Naugachiya P.S. Case no. 28 of 2018 registered under Sections 30(A), 38(i) of Bihar Prohibition & Excise Act-2016. 114.72 lts. of foreign liquor is said to have been recovered from a car and petitioner who happens to be its driver and one other accused, namely, Amit Kumar @ Baudha sitting on the said car 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 with the seized liquor. He has been falsely implicated in the case at

Patna High Court Cr.Misc. No.25490 of 2018(2) dt.02-05-2018 2/2 the instance of his enemy. He happens to be driver of the said car and had no knowledge of carrying the aforesaid liquor in the cartoon by its commuter, namely, Amit Kumar @ Baudha. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 08.02.2018. 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 Special Judge, Excise, Bhagalpur in connection with Naugachiya P.S. Case no. 28 of 2018.

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