Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7988 of 2018 Arising Out of PS. Case No.-695 Year-2017 Thana- BUXAR District- Buxar ====================================================== Ramesh Singh S/o Dawarika Singh, R/o Village- Nawadih, P.S.- Koran Sarai, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Buxar Town P.S. Case No. 695 of 2017 registered under Sections 30(a), 41(i) of Bihar Prohibition and Excise Act-2016.

55.800 lts. of foreign liquor is said to have been recovered from Santro car and petitioner who happens to be driver of the said car was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. Petitioner does not happen to be driver of the aforesaid vehicle rather was commuter and was proceeding from Ballia to Buxar by the said car. In the meantime, seeing

Patna High Court Cr.Misc. No.7988 of 2018(2) dt.15-02-2018 2/2 the police party, driver managed to escape leaving the petitioner in the car and police has falsely implicated him in the case mistaking him to be driver of the vehicle. The petitioner has no criminal antecedent. He has been languishing in custody since 16.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Buxar in connection with Buxar Town P.S. Case No. 695 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T