Patna High CourtCR. MISC./2643/2022bail granted

Gautam Kumar v. The State Of Bihar

2022-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2643 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

GAUTAM KUMAR Son of Devendra Singh Resident of Village - Nagla Jhabar Geyaspur, P.S.- Saurikh, Distt.- Kanauj (U.P.) 2.

Mohit Kumar Son of Ramprasad Resident of Village - Nagla Jhabar Geyaspur, P.S.- Saurikh, Distt.- Kanauj (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. The petitioners seek bail in connection with Mohania P.S. Case No. 453 of 2021 instituted for the offences under Sections 419, 420 and 467 of the Indian Penal Code read with Sections 30(a), 36 and 41(i) of the Bihar Excise Act. Learned counsel for the petitioners submits that the petitioners are in custody since 06.10.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that the allegation is of recovery of 2457 litres of liquor from a truck.

Patna High Court CR. MISC. No.2643 of 2022(2) dt.04-03-2022 2/2 Learned counsel for the petitioners submits that the petitioners are driver and khalashi of the truck and as such were not knowing what was kept in the truck by the owner and the transporter.

Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody, are persons with clean antecedent and charge-sheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise, Kaimur at Bhabua in connection with Mohania P.S. Case No. 453 of 2021.

(Satyavrat Verma, J) Rishi/- U T