Niraj Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50678 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Niraj Srivastava S/o Om Prakash Srivastava R/o Village- Chanpatiya, P.S.- Chanpatiya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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.

131.200 litres of foreign liquor is said to have been recovered from the Scorpio and driver of the said vehicle, namely, Salim Mian and petitioner were apprehended in the course of escaping from the said vehicle and Deepak kesari managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.50678 of 2018 (2) dt.18-08-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence to catch the train. The real culprit managed to escape leaving liquor laden vehicle there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 05.06.2018.

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, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 233 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T