Patna High CourtCR. MISC./13721/2025bail granted

Padam Singh v. The State Of Bihar

2025-05-14Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13721 of 2025 Arising Out of PS. Case No.-987 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Padam Singh Son of Balwant Singh Resident of Village- Ratreri, P.S.- Girab, District- Barmer (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Suruchi Anand, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 987 of 2024, instituted for the offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 3538.530 liters liquor was recovered from truck and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.13721 of 2025(3) dt.14-05-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the owner of the truck in question, rather he is driver of that vehicle and has got no knowledge regarding the nature of goods loaded in the vehicle. The petitioner is in custody since 22.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 987 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.13721 of 2025(3) dt.14-05-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T