Shivchandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29101 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SHIVCHANDRA KUMAR S/O BASUDEO SINGH @ BASDEV SINGH R/O VILLAGE-RAM CHANDRAPUR, P.S.-DEORIA KOTHI, DISTRICTMUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Verma, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Sunil Kumar Verma, learned counsel for the petitioner and Ms. Madhuri Lata, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Excise Case No. 62 of 2021 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation against the petitioner is that while he was driving a bus, a total quantity of 68.040 litres of liquor has been recovered from Airbag and Trolley kept in the bus.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29101 of 2021(2) dt.06-12-2021 2/3 petitioner is a driver and was not aware about the liquor being kept in the Airbag and Trolley by the passenger and no illicit liquor has been recovered from conscious possession of the petitioner. Learned counsel further submits that the petitioner is in custody since 26.2.2021 and charge sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence. He also submits that the petitioner has got no criminal antecedent.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is a driver and the bus in question was being driven by the petitioner when the illicit liquor kept in the Airbag and Trolley has been recovered and the petitioner is in custody since 26.2.2021 as well as there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.29101 of 2021(2) dt.06-12-2021 3/3 amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj, Special Excise Court, Gopalganj in connection with Excise Case No. 62 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T