Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35273 of 2018 ====================================================== Dharmendra Kumar Son of Late Vishwanath Rai, Resident of VillageHathsarganj, P.S.- Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

50 litres of country made liquor is said to have been recovered from the Maruti Suzuki car and the driver of the said car namely Anjan Kumar and the petitioner sitting in the said car were 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 no concern either with the seized liquor or with the car in question. He

Patna High Court Cr.Misc. No.35273 of 2018 (2) dt.28-06-2018 2/2 happens to be simple commuter and was travelling in the said car without knowledge of keeping of the aforesaid liquor in the car. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 23.04.2018.

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 Special Judge, Excise, Patna in connection with Alamganj P.S. Case No. 184 of 2018 corresponding Special Case No. 3835 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T