Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19233 of 2020 Arising Out of PS. Case No.-432 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Ravindra Singh, aged about 41 years, Male, Son of Chhaju Singh, Resident of Village- Kakar, P.S.- Mandhan, District- Alwar (Rajasthan). 2.

Anand, aged about 40 years, Male, Son of Late Santa @ Sant Ram, Resident of Village- Badhesara, P.S.- Mundhal, District- Bhiwani (Haryana). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2020 Heard the learned counsel for the petitioners and Mr. B.N. Pandey, the learned Additional P.P.

The petitioners seek bail in Excise Case No.432 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Ranjan Kumar, Excise Inspector, Balthari alleged in his written report that on 15.12.2019, a truck bearing Registration No.UP 37 T/7117 was searched and 2980 litres of Indian made foreign liquor was recovered. The driver, namely, Ravindra Singh and Anand, the co-driver were arrested.

Learned counsel for the petitioners submits that the petitioners were not knowing about the consignment kept in the truck. The owner of the truck asked the petitioners to ply the truck

Patna High Court CR. MISC. No.19233 of 2020(3) dt.31-08-2020 2/2 to its destination but when checking was made huge quantity of liquor was recovered. The petitioners are in jail since 16.12.2019. The petitioners have got no criminal antecedent. The learned Additional P.P. while opposing the prayer for bail submits that huge quantity of liquor was recovered from the conscious possession of the petitioners as the petitioners are the driver and co-driver of the truck who were driving the truck to its destination.

Having considered the facts and nature of allegations made against the petitioners and the fact that the petitioners being the driver and co-driver have remained in jail fore more than 81⁄2 months, petitioners, namely, Ravindra Singh and Anand are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II, Excise, Gopalganj in Excise Case No.432 of 2019, subject to the condition that the bailors must be local and having substantial immovable property in their names. (Prabhat Kumar Jha, J) S.KUMAR/- U T