Ravi Kumar Singh@Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48719 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Ravi Kumar Singh@ Ravi Kumar Son of Arbind Singh Resident of Village Pindi, P.S. Lar, District - Deoria (U.P.).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammad Sufyan For the Opposite Party/s :
Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Katya P.S. Case No. 189 of 2018 registered under Section 414 of the Indian Penal Code and Sections 30(a), 35 and 38 of Bihar Prohibition and Excise Act-2016.
362 lts. of foreign liquor is said to have been recovered from Maruti Suzuki car and petitioner, who happens to be its driver and commuter, namely, Sonu Chourasia sitting on the said vehicle were 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
Patna High Court Cr.Misc. No.48719 of 2018(3) dt.20-09-2018 2/2 concern with the seized liquor. He happens to be simple driver of the vehicle in question and he had no knowledge of transporting the aforesaid liquor in the box by its commuter, namely, Sonu Chourasia, who was also apprehended by the police and petitioner has also been implicated in this case merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 17.06.2018. Said Sonu Chourasia has been enlarged on bail by this court vide order dated 28.08.2018 passed in in Cr. Misc. No. 44505 of 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-cum-Special Judge, Excise, Gopalganj in connection with Katya P.S. Case No. 189 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T