Rupesh Singh @ Mangal Singh @ Rupesh Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34366 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -MAHESI District- SAHARSA ====================================================== Rupesh Singh @ Mangal Singh @ Rupesh Kr. Singh, Son of Bhim Singh @ Krishna Singh, Resident of Village- Kandaha, P.S.- Mahishi, DistrictSaharsa. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Madhav Jha, Adv.

For the Opposite Party : Mr. Shailendra Kumar -2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 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 Sections 30 (a), 37 (b) of the Bihar Prohibition and Excise Act, 2016.

50.790 liters of foreign liquor is said to have been recovered from the Scorpio vehicle and the petitioner who happens to be driver of 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 driver of the said vehicle and had

Patna High Court Cr.Misc. No.34366 of 2018 (02) dt.20-06-2018 - 2 - no knowledge of keeping the said liquor in the bag by the commuter in the vehicle who managed to escape seeing the police party. Though one more case under the SC/ST Act is pending against the petitioner but he is on bail in the said case. He has been languishing in custody since 25.02.2018.

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 A.D.J.-II-cumSpecial Judge Excise Act, Saharsa in connection with Special Case No. 108 of 2018, arising out of Mahishi P.S. Case No. 39 of 2018.

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