Somnath Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51828 of 2018 Arising Out of PS. Case No.-192 Year-2018 Thana- ARWAL District- Jehanabad ======================================================
1. Somnath Kumar Son of Sri Ramjatan Mistri Resident of VillageMuradpur Hujara Baidrabad, P.S.+District- Arwal.
2. Deepak Kumar Son of Shri Laldeo Singh Resident of VillageKhokhari, P.S.+District- Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Arwal P.S. Case no. 192 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.
1.750 lts. of foreign liquor is said to have been recovered from Swift Desire car and petitioner no. 1, who happens to be its driver while petitioner no. 2, sitting on the said car were apprehended.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern
Patna High Court Cr.Misc. No.51828 of 2018(3) dt.28-08-2018 2/2 with the seized liquor. Petitioner no. 1 happens to be driver of the aforesaid car and was plying the same as per instruction of its owner without any knowledge of keeping of liquor in the car by its owner while petitioner no. 2 happens to be commuter of the said car and was travelling on it without any knowledge of keeping of liquor in the car. They have no criminal antecedent. They have been languishing in custody since 11.07.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Jehanabad in connection with Arwal P.S. Case no. 192 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T