Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22660 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Kaushal Kumar S/o Pawan Ray @ Pawan Kumar Ray, R/o Village- Jakhar, Ward No.12, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Adv.
For the Opposite Party/s :
Mrs. Indu Kumari Srivastava, APP XXIII ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Rosera P.S. Case No. 74 of 2018 registered under Sections 30(a), 38(1) and 47 of the Bihar Prohibition and Excise Act, 2016.
392 liters of country made liquor is said to have been recovered from the pick-up van, which was being transported by Gurdev Rai to deliver to Shivchander Jha. The petitioner happens to be the driver of the said vehicle and was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.22660 of 2018(2) dt.17-04-2018 2/2 conscious possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. He had no knowledge of the contents of carton being transported by his vehicle. He has been languishing in custody since 08.03.2018.
Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rosera P.S. Case No. 74 of 2018 to the satisfaction of the Additional Sessions Judgecum-Special Judge, Excise Act, Samastipur. (Prakash Chandra Jaiswal, J) Shamshad/- U T