Patna High CourtCR. MISC./20768/2018bail granted

Mikku Chandravanshi @ Minkku Chandra Vanshi v. The State Of Bihar

2018-04-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20768 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -NABINAGAR District- AURANGABAD ====================================================== Mikku Chandravanshi @ Minkku Chandra Vanshi S/o Late Pramod Prasad , R/o Village- Mangal Bazar, Ward No. 8, Nabinagar, P.S.- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nabinagar P.S. Case No. 52 of 2018 registered under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

3.6 litres of foreign liquor and 79 litres of country made liquor is said to have been recovered from the plastic bag kept on the motorcycle and the petitioner who was driving the said motorcycle was apprehended while the pillion rider managed to escape.

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

Patna High Court Cr.Misc. No.20768 of 2018 (2) dt.16-04-2018 2/2 conscious physical possession of the petitioner. He has no concern with the seized liquor. As a matter of fact, the seized liquor is hailing to the pillion rider who managed to escape seeing the police party and the petitioner had no knowledge of keeping of the said liquor in the plastic bag being carried by the said accused. He has no criminal antecedent. He has been languishing in custody since 02.03.2018.

Considering the facts aforesaid, 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 Additional Sessions Judge-VII cum Special Judge, Excise, Aurangabad in connection with Nabinagar P.S. Case No. 52 of 2018.

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