Ashok Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7480 of 2018 Arising Out of PS.Case No. -540 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Ashok Chauhan S/o Jugul Chauhan R/o Village-Ram Pur Baingara P/S Tareyasujan District-Khushinagar (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar Bhaskar For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise Case No.540 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

135 liters of country made liquor is said to have been recovered from the Bolero vehicle and the petitioner who happens to be driver was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner happens to be the driver of the aforesaid vehicle and was

Patna High Court Cr.Misc. No.7480 of 2018 (02) dt.13-02-2018 2/ 2 transporting the carton without knowing the nature of its contents on instruction of the owner of the vehicle. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 29.12.2017. . In the facts and circumstances of the case, 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 2ndAdditional Sessions Judge-cum-Special Judge, Gopalganj in connection with Excise Case No. 540 of 2017.

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