Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36998 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Murari Kumar S/o Vishwanath Sharma resident of village - Block Road, Japla, Ward No. 1, P.S Hussainabad, District Palamu (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== 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 N.T.P.C. Khaiara P.S. Case No. 26 of 2018 registered under Section 30(a), 38 of Bihar Prohibition and Excise Act-2016. 220 lts. of country made liquor is said to have been recovered from Maruti Zen 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 plastic bag

Patna High Court Cr.Misc. No.36998 of 2018(3) dt.03-07-2018 2/2 as per instruction of its owner without knowing contents of the said bag. The seizure list does not bear the signature of petitioner. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 08.05.2018.

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 Addl. Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with N.T.P.C. Khaiara P.S. Case No. 26 of 2018.

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