Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25547 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== Suresh Kumar, son of Krishna Sharma, resident of Village- Halim Pur Rajwara, P.S.- Saheb Ganj, District- Muzaffar Pur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pipra Kothi P.S. Case no. 18 of 2018 registered Sections 272, 273, 414, 34 of IPC and Section 30(a) of Bihar Prohibition & Excise Act-2016.

425 lts. spirit and cash of Rs. 1 lakh is said to have been recovered from a pick-up van and two accused persons including the petitioner, who happens to be its driver were apprehended while other accused persons, namely, Ram Naresh Sahni and Mukesh Sahni who happen to be its owner managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.25547 of 2018(2) dt.02-05-2018 2/2 that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized article. He happens to be driver of the said vehicle and had no knowledge of carrying the said spirit and money in the vehicle by its owner Ram Naresh Sahni and Mukesh Sahni who managed to escape seeing the police party. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 16.02.2018.

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-IV-cum-Special Judge, Excise, Motihari, East Champaran in connection with Pipra Kothi P.S. Case no. 18 of 2018.

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