Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27874 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- DUMRIAGHAT District- East Champaran ====================================================== Pawan Kumar son of Ramdarshan Rai resident of mohalla - Khanpur, P.S. - Khanpur, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 60 of 2018 for offences punishable under Sections 420, 467, 468, 471, 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that some vehicles are carrying illicit liquor, a car was searched and 197.76 litres of foreign illicit liquor was recovered from the car on which Md. Ramjan was driving. One pick-up van was also intercepted which was being driven by the petitioner and from the van 628.56 litres of illicit liquor was recovered. Accordingly, a

Patna High Court Cr.Misc. No.27874 of 2018(2) dt.11-05-2018 2/2 seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was just a driver of the said pick-up van and neither the pick-up van nor the seized illicit liquor belonged to him and he has been falsely implicated in the aforesaid case. Petitioner is languishing in judicial custody since 14.04.2018 for no fault of his. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Special Judge, Excise Act, East Champaran, Motihari, in connection with Dumariyaghat P.S. Case No. 60 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Rajesh/- (Nilu Agrawal, J) U T