Ranjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43009 of 2018 ======================================================

1. Ranjeet Sah S/o late Nageshwar Sah, R/o Vill.- Siswaniya Tola Saugauli, P.S.- Saugauli, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a), 36 and 41 (1) of the Bihar Excise Amendment Act.

22 liters of foreign liquor is said to have been recovered from the tempo and the petitioner who happens to be driver of the said tempo 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. The petitioner happens to be driver of the vehicle in

Patna High Court Cr.Misc. No.43009 of 2018 (2) dt.17-07-2018 question and he had no knowledge of keeping the said liquor in the bag by its commuter who managed to escape from the said tempo leaving the bag in it seeing the police party. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent and has been languishing in custody since 08.06.2018. 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 Additional Sessions Judge-VII-cum-Special Judge (Excise Act), East Champaran at Motihari in connection with Motihari (Town) P.S. Case No. 342 of 2018.

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