Raj Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53936 of 2018 Arising Out of PS.Case No. -392 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Raj Kishor Singh, Son of Late Ramashish Singh, Resident of VillageShanti Nagar, Suja, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

95 litres of foreign liquor is said to have been recovered from the ambassador 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 the conscious physical possession of the petitioner. He has no concern with the seized liquor. He happens to be driver of the said vehicle

Patna High Court Cr.Misc. No.53936 of 2018 (2) dt.31-08-2018 2/2 and was plying the same at the instruction of its owner and had no knowledge of keeping of liquor in carton by its owner. He has been falsely implicated in the case. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 10.07.2018.

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 Additional Sessions Judge-II cum Special Judge, Begusarai in connection with Muffasil P.S. Case No. 392 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T