Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10001 of 2022 Arising Out of PS. Case No.-88 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Pradeep Kumar Son of Ram Vinod Mahto Resident of Village- Charo, Ward No. -10, P.S.- Varish Nagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Excise P.S. Case No. 88 C 3 of 2021 registered for the offence under Section 30A of Excise Act.

The accused/petitioner is named in the F.I.R. and is in custody since 12.11.2021.

The allegation against the petitioner is to have in possession of 890.280 liters of foreign liquor. Learned counsel appearing on behalf of the petitioner submitted that nothing incriminating surfaced during the course of investigation, which may connect the petitioner with the alleged recovery. It has further been submitted that petitioner is the driver of the vehicle and was unaware of the consignment

Patna High Court CR. MISC. No.10001 of 2022(2) dt.24-06-2022 2/3 loaded in the vehicle. It has further been submitted that petitioner is involved in one more case of similar nature in which he is on bail. While concluding the argument, it has further been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that petitioner is the driver of the vehicle, as such, was unaware of the consignment loaded in the vehicle.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation, which may connect the petitioner, who is the driver of the alleged vehicle, with the alleged recovery coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Excise P.S. Case No. 88 C 3 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-cum-Additional Sessions JudgeII, Khagaria, subject to the following conditions: "(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.10001 of 2022(2) dt.24-06-2022 3/3 cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Ram Babu Mahto, who is the cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T