Rajeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50774 of 2018 Arising Out of PS.Case No. -297 Year- 2018 Thana -AGAMKUAN District- PATNA ======================================================
1. Rajeshwar Singh, aged about 38 Years, S/o Nagina Singh, R/o MohallaMeenapur, Ward No.33, P.S.- Nagar Hajipur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Dubey, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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.
100 liters of country made liquor is said to have been recovered from the tempo of the petitioner and the 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 tempo in question and he had no knowledge of keeping of the said liquor in
Patna High Court Cr.Misc. No.50774 of 2018 (02) dt.18-08-2018 - 2 - the tempo by its commuter who managed to escape leaving the bag containing liquor there seeing the police party. He has no criminal antecedent and has been languishing in custody since 02.05.2018.
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 Special Judge Excise, Patna in connection with Special Case No. 4138 of 2018 arising out of Agamkuan P.S. Case No.297 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T