Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

Pintu Paswan Son of Baijnath Paswan Resident of Village - Bankaithi, P.S.- Haspura, Dist.- Aurangabad.

2.

Dinesh Kumar Son of Kundan Ram Residence of Village - Karsar, P.S. Nawanagar, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the driver and cleaner of the truck in question, are languishing in custody since 05.10.2019 in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016 as amended by Amendment Act 8 of 2018.

The prosecution case as per the self statement of S.I. Priya Ranjan recorded on 04.10.2019 at 9.30 P.M., is to the effect that on the same day a secret information was received about transportation of illegal liquor and consequently a truck

Patna High Court CR. MISC. No.14 of 2020(3) dt.19-03-2020 2/3 was intercepted from which 849.600 litres of Indian Made Foreign Liquor were recovered. The petitioners were apprehended and disclosed that they are driver and cleaner of the truck in question.

It is submitted by learned counsel for the petitioners that the petitioners were not aware about the articles being loaded on the truck as the driver and cleaner are not being conveyed by the transporting agency about the articles being loaded on the truck and owner of the truck in question has been granted bail by Co-ordinate Bench of this Court vide order dated 04.03.2020 passed in Cr. Misc. No. 14971 of 2020. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners were transporting the liquor in huge quantity.

Considering the period under custody and investigatin has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 2nd -cum-

Patna High Court CR. MISC. No.14 of 2020(3) dt.19-03-2020 3/3 Special Judge (Excise), Khagaria in connection with Pasraha P.S. Case No. 129 of 2019, Special B.A. (Excise) No. 200 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T