Rana Nikhil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52765 of 2018 Arising Out of PS.Case No. -480 Year- 2018 Thana -BARACHATTI District- GAYA ====================================================== Rana Nikhil, Son of Rana Deo Ranjan Singh, Resident of village - Nagwan, P.S.-Gurua, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

96 litres of beer is said to have been recovered from the Maruti car and the petitioner who happens to be its driver 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 beer. He happens to be driver of the said vehicle and was plying it as per the instruction of its owner to the drop the carton at the destination without any

Patna High Court Cr.Misc. No.52765 of 2018 (2) dt.27-08-2018 2/2 knowledge of keeping of the beer in the carton. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 19.07.2018.

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 Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 480 of 2018.

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