Manoj Kumar @ Manoj Kumar Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37223 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- BANKA District- Banka ====================================================== Manoj Kumar @ Manoj Kumar Saha S/o Jagdish Sah, R/o Vill.- Tarapur, P.S.- Hiranpur, District- Pakur (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Banka Barahat P.S. Case No. 246 of 2018 registered under Sections 30(a) (g) and 32 (2) of Bihar Prohibition and Excise Act, 2016. 172 lts. of foreign liquor is said to have been recovered from Maruti car and petitioner who happens to be its driver was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be simple driver of the vehicle in question and was transporting the said vehicle

Patna High Court Cr.Misc. No.37223 of 2018(3) dt.03-07-2018 2/2 as per instruction of its owner who had disclosed him about keeping of the mango in the said vehicle. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 04.04.2018. 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 2nd Addl. Sessions Judge, Banka in connection with Banka Barahat P.S. Case No. 246 of 2018.

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