Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3554 of 2020 Arising Out of PS. Case No.-732 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.

Pintu Kumar Son of Birchan Rai Resident of Village - Sabalpur Hasti Tola, P.S.- Sonepur, District - Saran.

2.

Subodh Kumar Son of Om Prakash Roy Resident of Village - Sabalpur Hasti Tola, P.S.- Sonepur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

10-06-2020 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Sonepur P.S. Case No. 732 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is recovery of total 5019 liters from a truck, bearing registration no. PB-10DZ0655, which was being unloaded in the pick-up van and apprehended person, who claims to be owner of the truck, disclosed the name of petitioners, as the person, who fled away from the spot.

It is submitted on behalf of petitioners that petitioners

Patna High Court CR. MISC. No.3554 of 2020(3) dt.10-06-2020 2/2 are named in the F.I.R. only on confession of owner of the truck namely Jasvinder Singh, whereas, they (petitioners) have got no concern with the seized liquor. Petitioners are neither owner nor driver of the vehicle. It is further submitted that nothing has been recovered from conscious possession of the petitioners. Petitioners have no criminal antecedent, as stated in paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.- 11th cum Excise Judge, Saran in connection with Sonepur P.S. Case No. 732 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T