Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45443 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -BARAUNI District- BEGUSARAI ====================================================== Ravi Kumar Son of Dharam Singh Village- Keshawe Dakhinwari Tola, Police Station- Refinery Police Out Post, District- Begusarai. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pramod Kumar, Adv. For the Opposite Party : Mr. Shantanu Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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) and 38 of the Bihar Prohibition and Excise Act, 2016.
98 liters of foreign liquor is said to have been recovered from the dickey of the Alto Car and petitioner and one another accused Santosh Kumar sitting in the said vehicle 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 vehicle in question. He happens to be
Patna High Court Cr.Misc. No.45443 of 2018 (2) dt.26-07-2018 a simple commuter and had no knowledge of keeping of the said liquor in the dickey of the said vehicle. He has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 05.06.2018. 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-II-cum-Special Judge, Begusarai, in connection with Barauni P.S. Case No. 227 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T