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Patna High CourtCR. MISC./21691/2021bail granted

Subash Chandra Maurya @ Subhash Chandra Maurya @ Subhash Chand v. The State Of Bihar

2021-07-09Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21691 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SUBASH CHANDRA MAURYA @ SUBHASH CHANDRA MAURYA @ SUBHASH CHAND Son of Chotey Lall Maurya Resident of - Jamania, Kesarbagh Ward No. 93, P.S.- Kesarbagh, District - Lucknow (North), At present- House No. C-1/152, Madhu Vihar, West Delhi, Delhi- 110059. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Satyendra Prasad A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2021 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Satyendra Prasad, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 257 of 2020 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act 2018.

The allegation as per the First Information Report is that a Maruti Suzuki SX4 Car was intercepted by the Police which was being driven by the petitioner and upon search a total quantity of 478 liter 980 ml of illicit foreign liquor was recovered from the same.

Patna High Court CR. MISC. No.21691 of 2021(2) dt.09-07-2021 2/3 Learned counsel for the petitioner submits that petitioner is the driver of the said vehicle and was plying the same on the instruction of its owner and petitioner was not aware about the illicit liquor being kept inside the vehicle. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 27/9/2020 and charge sheet has already been submitted.

Having regard to the submissions made by the parties and taking into consideration the materials available on record , the fact that petitioner is the driver of the Car in question, he has got no criminal antecedent, he is in custody since 27/9/2020, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- II, Gopalganj (A.D.J. -II- cum- Special Judge, Excise, Gopalganj) in connection with Excise Case No. 257 of 2020. It is made clear that at the time of furnishing bail bond

Patna High Court CR. MISC. No.21691 of 2021(2) dt.09-07-2021 3/3 all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T