Harjinder Singh @ Harjind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72756 of 2018 Arising Out of PS. Case No.-185 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== Harjinder Singh @ Harjind Singh, Son of Kashmir Singh Resident of Village- Hasanpur, P.S.- Ajnala, District- Amritsar (Punjab). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Sri Binod Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sidhwaliya P.S. Case No. 185 of 2018 registered for the offences punishable under Sections 30(A), 38, 41 of the Bihar Prohibition and Excise Act, 2016 and under Section 120 (B) of the Indian Penal Code.

Allegation against petitioner is recovery of 3252.96 liters of country made English wine from a truck which was driven by the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is driver of the truck and was not aware that liquor was kept in the

Patna High Court Cr.Misc. No.72756 of 2018(2) dt.11-12-2018 2/2 Truck. He was engaged to drive the Truck from Panipat to Samastipur on payment by the Truck owner. Petitioner has no criminal antecedent and is in custody since 20.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-special Judge, Excise, Gopalganj, in connection with Sidhwaliya P.S. Case No. 185 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/Manoj U T