Onkar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19163 of 2020 Arising Out of PS. Case No.-407 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Onkar Singh Son of Karnail Singh R/o Naushehra Majja Singh, Gurdaspur, P.S.- Shekhwa, District - Gurdaspur, Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner who is in custody since 8.12.2019 has filed the instant application for grant of regular bail in connection with Excise Case no. 407 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on the truck being driven by the petitioner at the check post, it was found that the same contained potato and also contained 6525 litres of liquor. It is submitted by learned counsel for the petitioner that the petitioner only happens to be the driver of the vehicle and had no knowledge about the goods that was loaded on the vehicle. The goods were loaded by one Tony together with the owner of the truck namely Jaskaran Singh. It is further submitted that the petitioner has no criminal antecedent and is in custody since 8.12.2019. He is ready to abide by all the terms which may be laid down by the Court for his release.

Patna High Court CR. MISC. No.19163 of 2020(2) dt.05-06-2020 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view of the fact that the petitioner has no criminal antecedent and investigation in the case has concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Excise Case no. 407 of 2019 on furnishing bail bond of Rs. 25,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II, Gopalganj, Bihar. It is further directed that one of the bailers shall be the wife of the petitioner while the second bailer shall be a local resident.

(Partha Sarthy, J) Prakash/- U