Harishankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42295 of 2018 ====================================================== Harishankar Sah, S/o Achhelal Sah, R/o Village Pithawa, P.S.-Jharakhar, District-East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
33 litres of Nepali wine is said to have been recovered from the motorcycle and the petitioner sitting on the said motorcycle was apprehended while another accused managed to escape.
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 was driving the aforesaid motorcycle
Patna High Court Cr.Misc. No.42295 of 2018 (2) dt.13-07-2018 2/2 and had given lift to a person on the way without knowing keeping of the liquor in the bag by him who managed to escape seeing the police party leaving the aforesaid bag on his motorcycle. He has no criminal antecedent. He has been languishing in custody since 08.06.2018.
Considering the facts aforesaid, 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, East Champaran, Motihari in connection with Ghorasahan (Jharakhar) P.S. Case No. 222 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T