Nikki Kumar Choudhary@Nikki Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41691 of 2018 Arising Out of PS.Case No. -234 Year- 2018 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Nikki Kumar Choudhary @ Nikki Choudhary, Son of Mantu Choudhary, Resident of Village- Murgiyachak, P.S. Nath Nagar, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 the Bihar Prohibition and Excise Act, 2016.

113.295 liters of foreign liquor is said to have been recovered from the dicky of the Maruti Suzuki car and its driver and the petitioner sitting in the said car were 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 either with the seized liquor or the car in question. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the dicky of the car. He has been falsely implicated in

Patna High Court Cr.Misc. No.41691 of 2018 (2) dt.12-07-2018 2/2 this case by the police merely on suspicion. He has no criminal antecedent and has been languishing in custody since 10.05.2018. 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 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Bhagalpur in connection with Jagdishpur P.S. Case No. 234 of 2018.

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