Bhim Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.214 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Bhim Kumar Saw, Son of Girdhari Saw, Resident of Village- Lipda, Police Station- Simariya, District- Chatra (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.11.2017 in connection with Excise Case No. 157 of 2017 for offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the excise official, is that a vehicle was seized in which 2200 liters of country made liquor was found. The petitioner was the driver of the said vehicle. It has been submitted by the learned counsel for the petitioner that he is innocent and bears no criminal history. He submits that he was only driver of the said pickup van and not the owner of the vehicle. He further submits that the petitioner was

Patna High Court Cr.Misc. No.214 of 2018 (3) dt.31-01-2018 2/2 following the commands of his master and did not know that illicit liquor was kept in the vehicle. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge-Excise, Gaya in connection with Excise Case No. 157 of 2017.

(Nilu Agrawal, J) Arjun/- U T