Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48935 of 2018 Arising Out of PS. Case No.-436 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Sonu Kumar son of Devendra Singh resident of Village- Khanwan P.S. Narhat, District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 436 of 2018 registered for the offence punishable under Sections 30(A), 38 and 47 of Bihar Prohibition Excise Act, 2016 and Section 120(B) of the Indian Penal Code.

116.9 lts. of foreign liquor is said to have been recovered from Indigo car and 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 conscious physical possession of the petitioner. He has no concern with the

Patna High Court Cr.Misc. No.48935 of 2018(2) dt.10-08-2018 2/2 seized liquor. He happens to be driver of the aforesaid car and was plying the same without any knowledge of carrying of liquor on his car in the cartoon by a commuter, who managed to escape leaving the aforesaid cartoon in the car seeing the police personnel. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 02.07.2018.

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 Special Excise Judge, Gaya in connection with Barachatti (Mohanpur) Case No. 436 of 2018.

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