Raju Singh @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52137 of 2018 Arising Out of PS. Case No.-443 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Raju Singh @ Raju S/o Paras Singh, R/o Mohalla- Jhaua, P.S.- Bihiya , Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachti P.S. Case No. 443 of 2018 registered for the offence punishable Sections 30(a), 38 and 47 of Bihar Prohibition Excise Act, 2016.

155.520 lts. of foreign liquor is said to have been recovered from Tata Safari vehicle and 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 conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case. He

Patna High Court Cr.Misc. No.52137 of 2018(2) dt.28-08-2018 2/2 happens to be driver of the said vehicle and was transporting the cartoon kept on the vehicle from Ranchi to Ara as per instruction of its owner without any knowledge of keeping of liquor in the said cartoon. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 06.07.2018.

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. (Special Judge), Excise, Gaya in connection with Barachti P.S. Case No. 443 of 2018.

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