Arvind Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49271 of 2018 Arising Out of PS.Case No. -681 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================
1. Arvind Kumar, S/o Vidyanand Yadav, R/o Vill.- Bhaisasur, P.S.- Laheri, District- Nalanda.
2. Raja Ram Paswan S/o Late Sukar Paswan, R/o Vill.- Chandi, P.S.- Chandi, District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
270 litres of foreign liquor kept in plastic bags is said to have been recovered from the dickey of the bus and petitioner no.2 Raja Ram Paswan who happens to be driver of the said bus and petitioner no.1 Arvind Kumar who happens to be conductor were apprehended.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.49271 of 2018 (2) dt.10-08-2018 2/2 conscious physical possession of the petitioners. They have no concern with the seized liquor. They happen to be driver and conductor of the bus in question and they had no knowledge of keeping of the liquor in the plastic bag by its commuter in the dickey of the bus. They have been falsely implicated in the case. They have no criminal antecedent. They have been languishing in custody since 03.07.2018.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Excise, Nawada in connection with G.O. Case No. 232 of 2018 arising out of Excise Case No. 681 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T