Patna High CourtCR. MISC./74831/2019bail granted

Jitendra Poddar v. The State Of Bihar

2019-12-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74831 of 2019 Arising Out of PS. Case No.-638 Year-2019 Thana- KATIHAR District- Katihar ====================================================== JITENDRA PODDAR Son of Late Krishndev Poddar R/O- Mirchaibari, P.S.- Katihar (N), Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

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

180.12 litres of foreign liquor is said to have been recovered from the Maruti Car and the petitioner 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 liquor. He happens to be the driver of the said car. He had no knowledge of keeping of the liquor on

Patna High Court CR. MISC. No.74831 of 2019(2) dt.11-12-2019 2/2 the car by the commuters, who managed to escape seeing the police party on the way leaving the aforesaid article in the car. He has no criminal antecedent and has been languishing in custody since 25.09.2019.

Learned APP for the State opposed the bail petition.

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 Additional Sessions Judge-II-cum-Special Judge, Excise, Katihar in connection with Katihar Nagar P.S. Case No.638 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T