Vishwanath Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50994 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== Vishwanath Gupta Son of Kashi Prasad Sah, the R/o Thatheri Tola, Premnagar, Sabour, Distt-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sabour P.S. Case no. 223 of 2018 registered for the offence punishable under Sections 414, 420/34 of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

17.250 lts. of foreign liquor is said to have been recovered from beneath the seat of the driver of the tempo and petitioner sitting in the said tempo was 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 either with the seized liquor or with the tempo in question. He happens

Patna High Court Cr.Misc. No.50994 of 2018(2) dt.20-08-2018 2/2 to be commuter of the said tempo and was travelling in it without any knowledge of keeping of liquor in the tempo under the seat of the driver, who managed to escape leaving aforesaid liquor laden tempo seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 11.07.2018.

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 Addl. District & Sessions Judge-II-cum-Special Judge, Excise, Bhagalpur in connection with Sabour P.S. Case no. 223 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T