Mannu Prasad Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63651 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -BALRAMPUR District- KATIHAR ====================================================== Mannu Prasad Kushwaha, Son of Yogendra Prasad, Resident of villageChandrahiya, P.S.- Muffasil, Motihari, District- Motihari. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 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 33 of the Bihar Prohibition and Excise Act, 2016.
200 litres of spirit is said to have been recovered from the Bolero concealed in the tank under the seat of the vehicle and the petitioner who happens to driver of the said vehicle was apprehended.
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.63651 of 2017 (8) dt.27-06-2018 2/2 with the seized spirit. He happens to be driver of the vehicle in question and he had no knowledge of keeping of the said spirit in the vehicle. He was simply plying the aforesaid vehicle as per the instruction of its owner. He has no criminal antecedent. He has been languishing in custody since 14.07.2017. 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 A.D.J.-II cum Special Judge, Excise, Katihar in connection with Balrampur P.S. Case No. 132 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T