The High Court at Patna granted bail to the petitioner, a driver apprehended in a case involving foreign liquor recovery and fatal accident, directing bond submission to the Special Judge, Excise.
Directs the petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.56855 of 2018
Arising Out of PS. Case No.-164 Year-2018 Thana- LAKHISARAI District- Lakhisarai
======================================================
Ritik Kumar Ram, S/o Roshan Ram, R/o Vill-Kanaul Market, Marafari Shivandih, P.S. Marafari, District-Bokaro (Jharkhand)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Irshad For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 12-09-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Lakhisarai (Kabaiya) P.S. Case no. 164 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Sections 30(a), 32(c) and 38(a) of the Bihar Prohibition and Excise Act 2016.
Petitioner is said to be driver of the Pick-up van and dashed two persons on the way resulting into their death and 346.5 lts. of foreign liquor is said to have been recovered from said Pick-up van and petitioner was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious
Patna High Court Cr.Misc. No.56855 of 2018(2) dt.12-09-2018 2/2
physical possession of the petitioner. He has no concern with the seized liquor. He does not happen to be driver of the vehicle in question rather khalasi and has no concern with the aforesaid occurrence. He had no knowledge of keeping of liquor in the Pick-up van by its owner. He has no criminal antecedent and has been languishing in custody since 20.04.2018. Earlier, the bail prayer of the petitioner was rejected with liberty to the petitioner to renew his prayer for bail after framing of charge and charge in the case under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act have been framed on 7.08.2018.
In the facts and circumstances of the case and considering the period of custody of the petitioner, 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 A.D.J.-IIcum-Special Judge, Excise, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case no. 164 of 2018.
(Prakash Chandra Jaiswal, J)
rohit/-
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with the offence of selling and purchasing habit forming drugs and other spiritous liquor and intoxicants.
2 provisions across 2 enactments
Ritik Kumar Ram
The State Of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
