Ritesh Kumar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45076 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ====================================================== Ritesh Kumar Raj, son of Ganesh Shankar Singh, resident of near Singhauli, Police Station Birupur, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 Section 30 (a), 32 (i), 38 (i), 36, 41 (1), 41 (2) and 56 (d) of the Bihar Prohibition and Excise Act, 2016. 178.560 liters of foreign liquor is said to have been recovered from a pickup van kept hidden in the cartoon under the jack fruit and petitioner who happens to be its driver 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 with the seized liquor. The petitioner happens to be driver of the vehicle in

Patna High Court Cr.Misc. No.45076 of 2018 (02) dt.25-07-2018 question and he had no knowledge of keeping of the said liquor hidden in the vehicle by its owner. He was simply plying the vehicle at the instruction of its owner who managed to escape seeing the police party. He has no criminal antecedent and has been languishing in custody since 07.06.2018. 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 Additional District and Sessions Judge-II-cum-Special Judge Excise, Lakhisarai in connection with Case No.46 C2 of 2018.

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