Patna High CourtCR. MISC./12019/2024bail granted

Raja Das Choupal v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12019 of 2024 Arising Out of PS. Case No.-1046 Year-2023 Thana- Excise P.S. District- Bhagalpur ====================================================== Raja Das Choupal Son Of Bindeshwar Das Choupal @ Bindeshwar Das Resident Of Village- Belbhadrapur, Ps- Ujiarpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Jha, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Sadar) P.S. Case No.1046 of 2023.instituted for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that there is recovery of 2393.640 liters of liquor from the truck.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel for the petitioner next submit that petitioner had no knowledge about the transportation of illicit liquor which is seized from truck and has arrested from the spot. Learned counsel for the petitioner further submits that petitioner is the driver of the truck

Patna High Court CR. MISC. No.12019 of 2024(2) dt.23-02-2024 2/2 and the owner of the truck had handed over the truck to him. Learned counsel next submit that the petitioner is in custody since 16.08.2023 and has no concern with the illicit liquor. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. Considering the entire facts and circumstance of the case and taking into account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Excise (Sadar) P.S. Case No.1046 of 2023.

(Rudra Prakash Mishra, J) Prakash Narayan U T