Sameer Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2299 of 2018 Arising Out of PS.Case No. -802 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Sameer Kumar @ Raja, Son of Lakshman Singh @ Lakasuman Singh, Resident of Village- Lodipur, P.S.- Jehanabad (Korauna O.P.) DistrictJehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 1279 of 2017 arising out of Jehanabad P.S. Case no. 802 of 2017 registered under Sections 414 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act-2016. 310.500 lts. of foreign liquor and 9.5 lts. of Beer is said to have been recovered from the SUMO vehicle being driven by the petitioner and two other persons sitting in the vehicle namely, Vikash Kumar and Ranjan Kumar were apprehended by the police.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.2299 of 2018 (2) dt.23-01-2018 2/2 no incriminating article has been recovered from his conscious physical possession. He happens to be mere driver of the said vehicle and has no concern with the seized liquor. He has no criminal antecedent. The petitioner has been languishing in custody since 22.11.2017. Similarly situated co-accused namely, Vikash Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 21.12.2017 passed in Cr. Misc. no. 60961 of 2017.

Considering 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/- with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-II, Jehanabad in connection with Excise Case no. 1279 of 2017 arising out of Jehanabad P.S. Case no. 802 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T