Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46863 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- BUXAR District- Buxar ====================================================== Dinesh Kumar, S/o Ramchandra Yadav, R/o Vill-Chotaki Sarimpur, P.S. Buxar (Town), Distt-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 As prayed, learned counsel for the petitioner is permitted to make necessary correction in the first paragraph of the bail petition regarding filing of the charge-sheet. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Buxar (Town) P.S. Case No. 304 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

175.32 lts. of foreign liquor is said to have been recovered from dickey of the Ambassador car and petitioner who is said to be its driver was apprehended. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.46863 of 2018(2) dt.01-08-2018 2/2 that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the aforesaid car and was plying the same as per instruction of its owner without any knowledge of keeping of liquor in its dickey. He has been falsely implicated in this case. He has no criminal antecedent. He 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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-cum-Special Judge, Excise, Buxar, in connection with Buxar (Town) P.S. Case No. 304 of 2018.

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