Abhishekh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15028 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -AMBA District- AURANGABAD ======================================================

1. Abhishekh Kumar, Son of Dinesh Singh @ Dinesh Kumar, resident of Village- Rajpur, P.S. Mali, District- Aurangabad. .... .... Petitioner.

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amba P.S. Case No.06 of 2018 registered under Section 30 (ka) & 38 of the Bihar Prohibition and Excise Act, 2016 and Section 414/34 of the Indian Penal Code.

565 liters of country made liquor and 15 liters of foreign liquor is said to have been recovered from the Bolero vehicle and the petitioner, who happens to be driver of the said vehicle, 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 been

Patna High Court Cr.Misc. No.15028 of 2018 (04) dt.25-04-2018 2 / 2 falsely implicated in this case. He has no concern with the seized liquor. He happens to be driver of the vehicle in question and has no knowledge of carrying the said liquor in the plastic bag in his vehicle by its commuter who managed to escape seeing the police party. The chargesheet in the case has already been submitted. He has no criminal antecedent and has been languishing in custody since 25.01.2018.

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-VII-cum-Special Judge Excise, Aurangabad in connection with Amba P.S. Case No. 06 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T