Ram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46995 of 2018 Arising Out of PS.Case No. -560 Year- 2018 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Ram Kumar Singh, S/o Late Suryadeo Prasad Singh, resident of village near Middle School Dharampur (Jarang), P.S.-Belsar, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitu Kumari For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1) and 41 of the Bihar Prohibition and Excise Act, 2016.

210 litres of spirit is said to have been recovered from the dickey of the Hundai car and the 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 the conscious physical possession of the petitioner. He has no concern with the seized spirit. He happens to be driver of the said vehicle and was plying the same as per the instruction of his owner

Patna High Court Cr.Misc. No.46995 of 2018 (2) dt.01-08-2018 2/2 without any knowledge of keeping of the spirit in the dickey of the aforesaid car by its owner. He has no criminal antecedent. He has been languishing in custody since 28.06.2018. 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, Muzaffarpur in connection with Motipur P.S. Case No. 560 of 2018.

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