Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75592 of 2023 Arising Out of PS. Case No.-615 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Chhotu Kumar Son Of Durga Yadav Resident Of Village - Tikari, Mohalla - Azad Nagar, P.S. - Aurangabad (TOWN), District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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 Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 380.16 litres of illicit Indian made foreign liquor from a car.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is driver of

Patna High Court CR. MISC. No.75592 of 2023(2) dt.30-11-2023 2/3 the seized vehicle and he was not aware about the illicit liquor being carried in the vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the illicit liquor. The petitioner is languishing in custody since 04.08.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Since petitioner is driver of the vehicle in question, he is directed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousands) in the District Legal Services Authority, Aurangabad.

Considering the facts aforesaid and the period under custody, 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 Special Judge, ExciseII, Aurangabad in connection with Excise (Aurangabad)

Patna High Court CR. MISC. No.75592 of 2023(2) dt.30-11-2023 3/3 P.S. Case No. 615 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T