Manoj Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24596 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -KOTHIGRAM District- GAYA ====================================================== Manoj Bharti Son of Late Tega Bharti @ Tega Bhuiyan, Resident of Village-Nima, P.S.-Imamganj, Distt.-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 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 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

30 litres of country made liquor is said to have been recovered from the motorcycle and the petitioner riding on the said motorcycle was apprehended while other accused person namely Laxman Yadav managed to escape. .

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.24596 of 2018 (2) dt.01-05-2018 2/2 either with the seized liquor or with the motorcycle in question. The petitioner was riding on the motorcycle of Laxam Yadav taking lift from him and he had no knowledge of keeping of the said liquor in the aforesaid motorcycle by the said accused. He has no criminal antecedent. He has been languishing in custody since 17.03.2018.

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, Gaya in connection with Kothi P.S. Case No. 09 of 2018.

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