Dharmendra Kumar @ Dharmendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47133 of 2018 Arising Out of PS.Case No. -362 Year- 2018 Thana -BUXAR District- BUXAR ======================================================
1. Dharmendra Kumar @ Dharmendra Kumar Singh Son of Hareram Singh@ Hareram Yadav Resident of Village- Thora, P.S. Buxar(M), District- Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.
54.35 liters of foreign liquor is said to have been recovered from the Tempo and petitioner happens to be its driver and two other accused, namely, Akash Kumar & Anil Choudhary sitting in the said Tempo were 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
Patna High Court Cr.Misc. No.47133 of 2018 (2) dt.02-08-2018 2/2 seized liquor. He happens to be driver and had no knowledge of keeping of the liquor in the bag by its commuter. Seizure list does not bear the signature of the petitioner. He has been falsely implicated in this case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 05.07.2018.
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 Sessions Judge-II -cum-Special Judge Excise Act, Buxar in connection with Buxar (T) P.S. Case No. 362 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T