Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38542 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== Ashok Kumar, Son of Late Kuleshwar Sao, resident of Beltu, Police StationKeradari, District- Hajaribagh, at present Madan Singh Ka Makan Me Kirayedar, resident of Kallu Chowk, P.S.- O.P. Locima, District- Hazaribagh. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 82 of 2018 registered under Section 30(a) of Bihar Excise Amendment Act-2016 84.375 lts. of foreign liquor is said to have been recovered from dickey of Tata Indica Vista car and petitioner who happens to be its driver was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be simple driver of the vehicle in question and was transporting the said vehicle
Patna High Court Cr.Misc. No.38542 of 2018(3) dt.03-07-2018 2/2 as per instruction of its owner without any knowledge of keeping of liquor in the dickey by its owner. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 04.04.2018. 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, Patna in connection with Parsa Bazar P.S. Case No. 82 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T