Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19905 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

SUNIL KUMAR, Son of Raj Kumar Rajput, Resident of Village - Nurwala, P.S.- Panipat Town, Distt.- Panipat.

2.

Pankaj Vij @ Pankaj, Son of Darshan Lal Vij, Resident of Village - House No.138, Virvaran Colony, Near Akhand Road, Panipat, P.S.- Model Town, Distt.- Panipat.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Archana Shahi, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-09-2020 A supplementary affidavit has been filed on behalf of the petitioners intimating that the name of the father of the petitioner no. 1 has wrongly been mentioned in the cause-title of the case. Instead of Raj Kumar Rajput, who is the father of petitioner no. 1, Darshan Lal Viz has been noted.

A request therefore has been made that the correct parentage of petitioner no. 1 be taken into account.

Let the name of the father of the petitioner no.

Patna High Court CR. MISC. No.19905 of 2020(3) dt.15-09-2020 2/3 1 be read as Raj Kumar Rajput.

The petitioners seek bail in connection with Kuchaikote P. S. Case No. 129 of 2020 dated 17.04.2020, instituted for the offences under Sections 188, 269, 290, 420, 467, 468 and 471 of the Indian Penal Code and Sections 30 (a) and 41 (i) of the Bihar Prohibition and Excise Act, 2016 The petitioners are the driver and cleaner of a vehicle from where 6030.720 litres of foreign liquor was recovered.

The learned counsel for the petitioners has submitted that the petitioners were absolutely unaware that they were asked to transport liquor in a State where prohibition law is in force.

The petitioners have clean antecedents and they are in custody since 18.04.2020.

Regard being had to the aforesaid facts, namely, clean antecedents of the petitioners and the period of custody, the petitioners, above-named, are

Patna High Court CR. MISC. No.19905 of 2020(3) dt.15-09-2020 3/3 directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II, cum Special Judge, Excise, Gopalganj, in connection with Kuchaikote P. S. Case No. 129 of 2020.

This petition stands allowed.

(Ashutosh Kumar, J) skm/- U T