Jagtar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63415 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -SIWAIPATTI District- MUZAFFARPUR ====================================================== Jagtar Singh, S/o. Late Laxman Singh, R/o. Village- Pathatua @ Bhatha Dhua, P.S.- Sadamabet (Sidhavet), District- Ludhiana (Punjab). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-10-2018 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 Sections 272 and 273/34 of the Indian Penal Code and Sections 30(A), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

2982 litres of foreign liquor is said to have been recovered from the truck parked in the campus of Harihar Bhagat located beside the saw mill and the petitioner who happens to be driver of the said truck and four other accused persons 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

Patna High Court Cr.Misc. No.63415 of 2018 (2) dt.10-10-2018 2/2 with the seized liquor. He happens to be driver of the said vehicle and was plying the same as per the instruction of the owner and he had no knowledge of keeping of liquor in the carton on the said truck by its owner. He has been languishing in custody since 25.02.2018. Earlier, the bail prayer of the petitioner was rejected vide order dated 02.07.2018 with liberty to renew his prayer for bail after framing the charge and now the charge in the case has been framed on 23.08.2018. Hence, the petitioner deserves bail. 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, Excise Act, Muzaffarpur in connection with Siwaipatti P.S. Case No. 16 of 2018.

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