Vijay Kumar @ Vijay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1735 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================
1. Vijay Kumar @ Vijay S/o Banvari Lal, R/o Village- Sadar Charkhi (Dadari), P.S.- Sasar (Dadri), District- Charkhi (Dadri), Harayana. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Brahmpur P.S. Case No.339 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
2074 liters of foreign liquor is said to have been recovered from a container vehicle and the co-accused sitting in the Scorpio, which was also seized with the aforesaid container vehicle, divulged that the said liquor was purchased by him at Chandigarh and was transported by hiring the container with the help of locals, namely, Rambabu Yadav and Ramesh Yadav. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.1735 of 2018 (02) dt.24-01-2018 - 2 - conscious physical possession of the petitioner. He has been falsely implicated in this case. He had no knowledge of keeping and transporting the aforesaid liquor by the said accused Preetam in his vehicle. The helper, namely, Rambabu Yadav and Ramesh Yadav have been granted bail by coordinate Bench of this Court in Cr. Misc. No.55212 of 2017 vide order dated 20.11.2017. He has no criminal antecedent. The petitioner has been languishing in custody since 17.09.2017.
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 District Judge-II-cum-Special Judge Excise Act, Buxar in connection with Brahmpur P.S. Case No. 339 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T