Gurvindar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14922 of 2021 Arising Out of PS. Case No.-306 Year-2020 Thana- BAUSI District- Purnia ====================================================== Gurvindar Singh, Son of Late Surendar Singh, Resident of Radour, P.S. - Radour, District - Yamunanagar (Haryana) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-09-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Special Excise Case No.533 of 2020 arising out of Baisi P.S. Case No.306 of 2020 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016. 3865.680 litres illicit liquor has been recovered
Patna High Court CR. MISC. No.14922 of 2021(2) dt.14-09-2021 2/3 from a truck. The petitioner is alleged to be Cleaner of the truck. It is submitted by the petitioner's counsel that being a poor labourer he had lent his service on professional basis. He had no knowledge about the illicit liquor kept in the truck. The Driver, co-accused Ravi Kumar, has been allowed bail in Cr.Misc. No.13923 of 2021, vide order dated 01.07.2021.The petitioner is in custody since 03.12.2020. It is submitted by the petitioner's counsel that the petitioner will bring one local bailor.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of Special Judge (Excise), Purnea, in connection with Special Excise Case No.533 of 2020 arising out of Baisi P.S. Case No.306 of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.14922 of 2021(2) dt.14-09-2021 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) Other bailor shall be a local person.
(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T