Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23784 of 2018 Arising Out of PS.Case No. -385 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Santosh Kumar, Son of late Kedar Singh, Resident of Village-Phuladh Mansurpur, P.S. + District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 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(II), 38(II) and 41(I) of the Bihar Prohibition and Excise Act, 2016.

918.7 litres of foreign liquor is said to have been recovered from the truck kept in the carton and petitioner who happens to be driver of the said truck and its khalasi namely Sandeep Kumar 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.23784 of 2018 (3) dt.02-07-2018 2/2 with the seized liquor. He happens to be simple driver of the truck in question and had no knowledge of keeping of the liquor in the carton mingled with the carton of medicine on the truck by its owner. He was simply transporting the aforesaid cartons as per the instruction of his owner. He has no criminal antecedent. He has been languishing in custody since 19.10.2017. 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, Muzaffarpur in connection with Saraiya P.S. Case No. 385 of 2017.

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