Akhilesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45046 of 2018 Arising Out of PS.Case No. -379 Year- 2018 Thana -PHULWARI District- PATNA ====================================================== Akhilesh Pandit, S/o Dev Nandan Pandit, Resident of village - Behrama, P.S.-Pipra, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.

50 litres of country made liquor is said to have been recovered from the bag kept in 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 simple driver of the said tempo and had no knowledge of carrying of the liquor in the bag in the tempo by its commuter who managed to escape leaving the

Patna High Court Cr.Misc. No.45046 of 2018 (2) dt.25-07-2018 2/2 aforesaid bag in the tempo seeing the police party. He has been falsely implicated in the case. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 23.05.2018.

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 Special Judge, Excise, Patna in connection with Spl. Case No. 4855 of 2018 arising out of Phulwarisharif (Janipur) P.S. Case No. 379 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T