Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38375 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Vijay Kumar, S/o Sukh Dev Yadav @ Sukhadev Yadav, Resident of VillageMatihanipurvi, P.S- Magadh University, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 187 of 2018 registered for the offence punishable under Sections 30(d), 56(d) of the Bihar Prohibition and Excise Act, 2016 and Sections 2(e) and 3, 5 and 13 of Mahua Flower Rule 2006.

360 Kg. Mahua flower is said to have been recovered from Maruti-800 car and petitioner, who happens to be its driver was apprehended while one other accused managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.38375 of 2018(3) dt.07-08-2018 2/2 physical possession of the petitioner. He has no concern either with the seized article or with the vehicle in question. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape leaving aforesaid Mahua flower laden car seeing personnel of Excise Department. Petitioner does not happen to be driver of the said car. He has no criminal antecedent. He has been languishing in custody since 20.05.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Excise Case no. 187 of 2018.

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