Patna High CourtCR. MISC./47412/2018bail granted

Rajeev Kumar v. The State Of Bihar

2018-08-03Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47412 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Rajeev Kumar, S/o Kishore Sah, Resident of Village- Bajalpura Muradatola, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 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 Act, 2016.

619 liters of foreign liquor is said to have been recovered from the Bolero Pick Up Van and eight to ten accused persons managed to escape. Out of them Bittu Kumar and Golu Kumar were identified by the informant. The petitioner happens to be the owner of the said vehicle.

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

Patna High Court Cr.Misc. No.47412 of 2018 (2) dt.03-08-2018 seized liquor. Though he happens to be the owner of the vehicle in question but he had given the said vehicle to his driver for plying the same and had no knowledge of transporting of liquor by its driver in his vehicle. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 03.07.2018. The said Bittu Kumar has been enlarged on bail by this Court vide Cr. Misc. No. 27036 of 2018 dated 03.05.2018. 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 Excise Act, Begusarai in connection with Teghra P.S. Case No. 81 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T