Munna Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25652 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -BIHRA District- SAHARSA ======================================================
1. Munna Kumar Kamat, Son of Triveni Kamat, Resident of VillageSihaul, P.S.- Bihra, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
10 liters of country made liquor is said to have been recovered from the motorcycle and petitioner and one Chandan Kumar Singh were 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. He has no concern either with the seized liquor or motorcycle in question. He was simply sitting on the vehicle as a pillion rider after taking lift from
Patna High Court Cr.Misc. No.25652 of 2018 (02) dt.02-05-2018 2/ 2 Chandan Kumar Singh and had no knowledge of keeping the liquor in the said vehicle. He has no criminal antecedent and has been languishing in custody since 03.03.2018. 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 Special Judge Excise Act, Saharsa in connection with Special (Excise) Case No.122/2018, arising out of Bihara P.S. Case No.31 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T