Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8979 of 2018 Arising Out of PS. Case No.-143 Year-2017 Thana- KHANPUR District- Samastipur ====================================================== Sudhir Kumar S/o Late Devendra Mahto, R/o Village- Chhatneshwar Tara, P.S.- Waris Nagar, District- Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Ajeet Kumar ====================================================== 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 Khanpur P.S. Case no. 143 of 2017 registered under Sections 30(a), 38(1), 38(2), 41, 47 of the Bihar Excise and Prohibition Act 2016. 53 lts. of foreign liquor is said to have been recovered from the Alto car and its driver (petitioner) was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner happens to be driver of the said car and he was transporting the cartoon as per instruction of its owner being unaware of contents of the said cartoon. He has been falsely implicated in the case due to animosity. He has no

Patna High Court Cr.Misc. No.8979 of 2018(2) dt.17-02-2018 2/2 criminal antecedent. He has been languishing in custody since 01.12.2017.

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 Addl. Sessions Judge-VI-cum-Special Judge, Excise, Samastipur in connection with Khanpur P.S. Case no. 143 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T