Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46139 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== Tinku Kumar S/o Manoj Das, R/o Vill.- Jhallu Das Tola, Tintanga, P.S.- Rangra, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sanokhar P.S. Case No. 77 of 2018 registered under Section 188 of the Indian penal Code and Sections 30(a) and 30(f) of Bihar Prohibition and Excise Act, 2016.

160 lts. of foreign liquor is said to have been recovered from Magic vehicle and petitioner sitting in it was apprehend while its driver and another accused managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He

Patna High Court Cr.Misc. No.46139 of 2018(2) dt.30-07-2018 2/2 happens to be simple commuter of the vehicle in question and was travelling in it without any knowledge of keeping of liquor in the said vehicle by its driver, who managed to escape seeing the police party leaving the aforesaid liquor laden vehicle. He has no criminal antecedent. He has been languishing in custody since 28.05.2018.

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 Additional District and Sessions Judge-II-cum-Special Judge, Excise, Bhagalpur in connection with Sanokhar P.S. Case No. 77 of 2018.

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