Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35006 of 2018 ====================================================== Banti Kumar, son of Dashrath Thakur, resident of Village- Ram Mandir Bokaro Still City Sector- 1C, P.S. Nagar, District Bokaro (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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) and 56(d) of the Bihar Prohibition and Excise Act, 2016.

66.06 liters of foreign liquor is said to have been recovered from the Tata Sumo and the petitioner sitting in the said vehicle 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. He has no concern with the seized liquor. He happens to be a simple commuter of the vehicles and had no knowledge of keeping of the said liquor in the vehicle and the driver of the said vehicle managed to escape

Patna High Court Cr.Misc. No.35006 of 2018 (2) dt.22-06-2018 - 2 - seeing the police party. He has no criminal antecedent and has been languishing in custody since 01.05.2018. 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 Additional Sessions Judge-V-cum-Special Judge Excise Court, Gaya in connection with Excise Case No. 161/18.

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