Shailesh Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12968 of 2022 Arising Out of PS. Case No.-469 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== SHAILESH BHARTI S/o Khajanti Prasad Resident of Village- Gouri Jagdish Vintoliya, P.S.- Sewrahi, District- Kushinagar (U.P.). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.A.M.P.Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

110.985 liters of illicit foreign liquor has been recovered from a Tempo, which was being driven by petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was not aware about nature of consignment and simply following the instruction of owner. Petitioner claims clean antecedent and he is in custody since 03.11.2021.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.12968 of 2022(2) dt.06-05-2022 2/2 Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 469 of 2021.

(Prabhat Kumar Singh, J) anay/- U T