Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8860 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Manoj Kumar, Son of Shri Raj Singh, Resident of Village- Rohna, P.S.- Kharkodar, District- Sonipat (Hariyana).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 33 of 2018 arising out of Hulasganj P.S. Case No. 08 of 2018 registered under Sections 120(B), 467, 468 of the Indian Penal code and Sections 30(a) of Bihar Excise Amendment Act - 2016.

285 liters of foreign liquor is said to have been recovered from the car. Three accused including the petitioner, sitting in the car, were arrested while one person, namely, Mantan Sharma managed to escape.

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

Patna High Court Cr.Misc. No.8860 of 2018 (2) dt.17-02-2018 2/2 conscious physical possession. Petitioner neither happens to be owner nor driver rather commuter of the said vehicle and he had no knowledge of keeping of any liquor in the said vehicle. Driver of the vehicle managed to escape after seeing the police team. The petitioner has been falsely implicated in the case. He has no criminal antecedent. He has been languishing in custody since 12.01.2018.

In 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jehanabad in connection with Excise Case No. 33 of 2018 arising out of Hulasganj P.S. Case No. 08 of 2018. (Prakash Chandra Jaiswal, J) sushma/- U T