Rajan Tiwari @ Rajan Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16163 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Tiwari @ Rajan Kumar Tiwari, Son of Bhola Tiwari, Resident of Village- Karamawa, Tiwari Tola, P.S.- Majhauliya, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate. For the Opposite Party/s : Mr. Md. Sufiyan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Paharpur P.S. Case No. 26 of 2018 registered under Sections 30(a), 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016 and Sections 272 and 273 of the Indian Penal Code.

35 litres of country made liquor is said to have been recovered from a car and the petitioner was apprehended on giving chase in the course of escaping alighting from the said car. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern

Patna High Court Cr.Misc. No.16163 of 2018 (2) dt.21-03-2018 2/2 with the seized liquor. As a matter of fact, he happens to be an employee of Maruti Suzuki Company and had gone to his maternal uncle by the said car merely as a commuter of the same and had no knowledge of keeping of the said liquor in the said car and the driver of the said car managed to escape. He has no criminal antecedent. He has been languishing in custody since 30.01.2018.

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 Addl. Sesions Judge-IV cum Special Judge, Excise, East Champaran, Motihari in connection with Paharpur P.S. Case No. 26 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T