Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38433 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- PIPRA District- Patna ====================================================== Ashok Kumar, Age 22 years, S/o Suresh Yadav, R/o Village-Pakri P.S. Punpun, District-Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satrudhan Kumar For the Opposite Party/s :
Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Pipra P.S. Case No. 50 of 2018 registered under Sections 30(a), 38 of Bihar Prohibition and Excise Act-2016.
65 lts. of country made liquor is said to have been recovered from tempo and petitioner who happens to be driver of the said tempo and two other accused persons, namely, Jitendra Kumar and Ravi Kumar 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 concern with the seized liquor. He happens to be driver of the
Patna High Court Cr.Misc. No.38433 of 2018(2) dt.03-07-2018 2/2 tempo in question and had no knowledge of carrying of liquor in the gallon by its commuters who were also apprehended by the police. He has been falsely implicated in this case. He has no criminal antecedent. He has been languishing in custody since 17.05.2018.
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 Special Judge, Excise, Patna in connection with Pipra P.S. Case No. 50 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T