Alok Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13523 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== MANISH KUMAR @ MALLU KUMAR @ MALLU Son of Dharmadev Singh Resident of Village - Chandi, P.S.- Akoridhigola, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Karakat P.S. Case No. 138/2021 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.
About 1296 liters of illicit liquor was recovered from a pick up van and two persons fled away from there and one of the co-accused, Prithvi Singh, was identified by local Chowkidar. Later on during investigation the name of the petitioner surfaced as driver of the said vehicle in the
Patna High Court CR. MISC. No.13523 of 2022(2) dt.01-07-2022 2/3 confessional statement of one of the co-accused person Munna Raj @ Guddu Singh. The learned counsel for the petitioner submits that the petitioner has got no concern with the coaccused Munna Raj @ Guddu Singh who is said to be owner of the vehicle and took his name as a driver or with the pick up van seized by the police. One of the persons who was not identified while fleeing away from the spot and was later on said to be the owner of the pick up van and hence, it is clear that the petitioner was not at the spot at the relevant time. The petitioner has got clean antecedent and charge sheet has already been filed in this case. The petitioner is in custody since 18.12.2021. Learned A.P.P. for the State has opposed the prayer of bail of the petitioner and submitted that huge quantity of illicit liquor has been seized from the vehicle being driven by the petitioner.
Having regard to the submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and he is not the owner of the vehicle and further taking into consideration his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.13523 of 2022(2) dt.01-07-2022 3/3 Sessions Judge-XIII-cum-Special Judge, Excise-II, Rohtas at Sasaram, in connection with Karakat P.S. Case No. 138/2021, subject to the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) ved/- U T