Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79292 of 2018 Arising Out of PS. Case No.-354 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Chandan Kumar Sah, son of Ramji Sah, resident of Village-Bilaspur, P.S.- Kargahar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 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.

225 liters of foreign liquor is said to have been recovered from the dicky of the Sumo Victa car and the petitioner and two others persons sitting on the said car were apprehended while the driver managed to escape.

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 either with the seized liquor or with the vehicle in question. The petitioner happens to be simple commuter and had no knowledge of keeping of the liquor by its driver or its owner in

Patna High Court Cr.Misc. No.79292 of 2018(2) dt.18-01-2019 2/2 the said vehicle. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 28.10.2018.

Considering the facts aforesaid, 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 2ndAdditional District & Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Shivsagar P.S. Case No.354 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T