Sandesh Kumar Yadav @ Sandesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71684 of 2022 Arising Out of PS. Case No.-583 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Sandesh Kumar Yadav @ Sandesh Kumar S/O Suresh Ray R/V- Yadu Rampur, P.S.- Dariyapur, District- Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sharma For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 33, 38, 41 of the Bihar Prohibition & Excise Act.
There is recovery of 163.620 litres of illicit Indian made Foreign Liquor from a maruti car. The petitioner being driver of the car was apprehended from the spot.
It is submitted by learned counsel for the petitioner that nothing incriminating has been recovered
Patna High Court CR. MISC. No.71684 of 2022(2) dt.13-01-2023 2/2 from the conscious possession of the petitioner. The petitioner is driver of the car and he had no knowledge about the illicit being carried out in the vehicle. The petitioner has no concern with the recovery of seized illicit liquor. The petitioner is languishing in custody since 10.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Exclusive Special Judge, Excise Act, Saran, Chapra in connection with Chapra Town P.S. Case No. 583 of 2022.
(Sunil Kumar Panwar, J) Shageer/- U T