Nikesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30910 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== 1.
Nikesh Singh S/o Ravindra Singh Resident of Village- Karma, P.S.- Jhumri Telaiya, District- Koderma (Jharkhand) 2.
Kundan Kumar @ Kundan Das S/o- Late Shambhu Das Resident of VillageBara Palasi, P.S.- Jama, District- Dumka (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Mohan Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners seek bail in Alamganj P.S. Case No. 49 of 2021, registered for the offence punishable punishable under Section 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.
1820 litres of illicit liquor has been recovered from a truck of which petitioner no. 1 is Driver and petitioner no. 2 is Cleaner.
It is submitted that no recovery has been made from conscious possession of petitioners. Petitioners were simply driving the vehicle and were not aware about the nature of
Patna High Court CR. MISC. No.30910 of 2021(3) dt.06-12-2021 2/2 consignment which was being transported by the vehicle in question. Petitioners are in custody since 25.01.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.
Considering the period of custody coupled with the fact that petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IInd-cum-Special Judge Excise, Patna in connection with Alamganj P.S. Case No. 49 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T