Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26763 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Raj Kumar, Son of Awas Singh, resident of Village- Duheta, P.S.- Ganour, District- Sonipat (Hariyana).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 414/34 of the Indian Penal Code and Sections 30(a), 32(2), 38(2) and 14(1) of the Bihar Prohibition and Excise Act, 2016.

2911.680 litres of foreign liquor is said to have been recovered from the truck and the 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 the conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be mere driver of the vehicle

Patna High Court Cr.Misc. No.26763 of 2018 (3) dt.27-06-2018 2/2 and he had no knowledge of keeping of the said liquor in the said vehicle. He has no criminal antecedent. He has been languishing in custody since 04.10.2017.

On the other hand, learned APP opposing the prayer for bail submitted that the petitioner happens to be driver of the said vehicle and huge quantity of foreign liquor has been recovered from the aforesaid vehicle. Hence, the petitioner does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, the petitioner may renew his prayer for bail after framing of charge.

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