Hansh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16232 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Hansh Raj, Son of Mangal Ram, R/o village- Nihal Khera, P.S- Bodiwala, District- Fajlika (Punjab).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.10.2018 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case is that on 11.10.2018 informant being, the Station House Officer of Hajipur Industrial Area P.S. received a secret information that a truck loaded with illicit liquor is parked in front of Maruti Show Room and on arrival of the police party, some persons started fleeing away but on chase being one person was apprehended, who disclosed his name as

Patna High Court CR. MISC. No.16232 of 2019(2) dt.15-03-2019 2/3 Hansh Raj, the petitioner, the driver of the truck in question. It is alleged that from the truck in question, 3803.40 litres of illicit foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the truck was loaded with Gypsum and from the beneath of the Gypsum, illicit liquor were recovered. It is further submitted that the petitioner, being driver of the truck in question had no knowledge about the illicit liquor being loaded on the truck in question and investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that huge quantity of illicit liquor has been recovered from the truck in question and the petitioner is named in the FIR.

Considering the fact that the investigation has already been concluded and the period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, 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 Additional Sessions Judge

Patna High Court CR. MISC. No.16232 of 2019(2) dt.15-03-2019 3/3 Judge IInd -cum- Special Judge, Vaishali at Hajipur in connection with Hajipur Industrial Area P.S. Case No. 179 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T