Dablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44289 of 2018 Arising Out of PS. Case No.-536 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Dablu Singh S/o Late Suresh Singh, R/o Vill.- Dhobdiha, P.S.- Nabinagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 536 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

96 lts. of country made liquor is said to have been recovered from back portion of the tempo and petitioner sitting on the said tempo 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 either with the seized liquor or with the tempo in question. He happens to be simple commuter of the said tempo and was travelling in it

Patna High Court Cr.Misc. No.44289 of 2018(2) dt.23-07-2018 2/2 without any knowledge of keeping of liquor in the back portion of it by its driver who managed to escape leaving the aforesaid liquor laden tempo seeing the police party. He has no criminal antecedent. He has been languishing in custody since 05.06.2018.

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 Addl. Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Excise Case no. 536 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T