Patna High CourtCR. MISC./39100/2018bail granted

Munna Kumar v. The State Of Bihar

2018-07-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39100 of 2018 ======================================================

1. Munna Kumar, Son of Bhagwan Rai, resident of Village- Chakausan, Police Station- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 Bihar Prohibition and Excise Act, 2016.

126 liters of foreign liquor is said to have been recovered from the dicky of the tempo and petitioner, who happens to be driver of the tempo, was apprehended while its owner managed to escape seeing the police party. 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 vehicle in question

Patna High Court Cr.Misc. No.39100 of 2018 (03) dt.17-07-2018 and he had no knowledge of keeping the said liquor in the vehicle. He was plying the vehicle at the instruction of his owner who managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 14.04.2018. 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 Act at Patna in connection with Special Case No. 3608 of 2018 arising out of Digha P.S. Case No. 02 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T