Source submitted that as a simple driver unaware of the liquor seized, the petitioner had no criminal antecedents and was entitled to be enlarged on bail after charges were framed.
Petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58829 of 2018
Arising Out of PS. Case No.-283 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Raj Kumar Son of Awas Singh, resident of village- Duheta, P.S. Ganour, District- Sonipat (Hariyana)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Kalyan Shankar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 19-09-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sahebganj P.S. Case no. 283 of 2017 registered for the offence punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Sections 30(a), 32 (ii), 38(ii), 41 (i) of the Bihar Prohibition and Excise Act, 2016.
2911.680 lts. of foreign liquor is said to have been recovered from the truck 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 conscious physical possession of the petitioner. He has no concern with
Patna High Court Cr.Misc. No.58829 of 2018(2) dt.19-09-2018 2/2
the seized liquor. He happens to be simple driver of the vehicle in question and was plying it as per the instruction of its owner without any knowledge of keeping of liqour in the cartoon on the vehicle. He has no criminal antecedent. He has been languishing in custody since 04.10.2017. 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 now the charge in the case has been framed on 18.07.2018.
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 Judge, Excise, Muzaffarpur in connection with Sahebganj P.S. Case no. 283 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner, a driver with no antecedents and without incriminating articles in physical possession, is entitled to bail in a prohibition and excise case.
2 provisions across 2 enactments
Raj Kumar
The State Of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
