Dharmendra Kumar v. The State Of Bihar

THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 19574 of 2020 =============================================================== Dharmendra Kumar aged about 22 years, male, son of Kundail Singh, resident of villageHamadpur kaka mai yata, P.S.-Piluya, District-Yata(Uttar Pradesh) ................

Petitioner

Versus

The State of Bihar ................. Opposite party =============================================================== Appearance For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the State : Dr. Ajeet Kumar, APP =============================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25.08.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Excise Case no. 26 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., in course of search, a total of 3024 litres of IMFL was recovered from the truck being driven by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is merely a driver of the truck and nothing has been recovered from his conscious possession. He was not

aware of the contents of the goods being carried on the truck which had been kept by the owner thereof. The petitioner has no criminal antecedent and is in custody since 24.1.2020. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact that a total quantity of 3024 litres of IMFL was recovered from the truck being driven by the petitioner, the Court is not inclined to enlarge the petitioner on bail and as such the application for bail is rejected. (Partha Sarthy, J) Bibhash U T