Dinesh Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25572 of 2018 Arising Out of PS.Case No. -154 Year- 2018 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Dinesh Rajak S/o Late Birchandra Rajak @ Birchand Rajak, R/o Vill.- Kanchanpur, P.S.- Biddupur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. Mr.Abhishek Kumar @ Sonu, Adv.
For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== 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 a case registered for the offence punishable under Sections 272, 273, 188, 34, 414 & 120B of the Indian Penal Code and Section 30 & 38 of the Bihar Prohibition and Excise Act, 2016.
52.920 liters of foreign liquor is said to have been recovered from the tempo and petitioner, who happens to be driver of the tempo, was apprehended and one other accused person managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.25572 of 2018 (02) dt.02-05-2018 2/ 2 conscious physical possession of the petitioner. He happens to be driver of the tempo and had no knowledge of carrying the liquor by its owner, namely, Sughag Rai who managed to escape seeing the police party. He has no concern with the seized liquor. He has no criminal antecedent and has been languishing in custody since In the facts and circumstances of the case, 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 2ndAdditional Sessions Judge-cum-Special Judge Excise, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.154 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T