Aman Kumar @ Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48606 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Aman Kumar @ Arman S/o Late Ramnath Prasad @ Md. Asgar Ali, R/o Vill.- Gopalpur Ward No. 33, P.S.- Town (Motihari), District- East Champaran (Motihari).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 the Bihar Prohibition and Excise Amendment Act, 2016.

285 liters of Nepali liquor is said to have been recovered from the tempo and the 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 the conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the said tempo and was

Patna High Court Cr.Misc. No.48606 of 2018 (02) dt.08-08-2018 - 2 - driving the same without knowledge of carrying the liquor by its commuter in the tempo who managed to escape leaving the aforesaid liquor there seeing the police party. There is violation of Section 100 Cr.P.C. He has been falsely implicated in this case by the police merely on suspicion. He has no criminal antecedent and has been languishing in custody since 15.02.2108. 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-VII-cum-Special Judge Excise, Motihari, East Champaran (Motihari) in connection with Trial No. 311 of 2018 arising out of Excise Case No. 78 of 2018.

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