Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21646 of 2020 Arising Out of PS. Case No.-262 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

VINOD SINGH Son of Vasudeo Singh Resident of Village - Lower Bhanunagar, Sevoke Road, Ward No. 43, P.S.- Bhakti Nagar, District - Jalpaigudi, West Bengal 2.

Md. Maksood Alam Son of Anwar Hussain Resident of Village - Lower Bhanunagar, Sevoke Road, Ward No. 43, P.S.- Bhakti Nagar, District - Jalpaigudi, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bal Mukund Prasad Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-07-2020 Heard Mr. Kumar Ravish, learned counsel for the petitioners and Mr. Bal Mukund Prasad Sinha, learned Additional Public Prosecutor appearing for the State through video conferencing.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the Stamp Reporter within eight weeks.

Petitioners seek regular bail in connection with Special Case No. 365 of 2020 arising out of Araria (Bairagachhi) P.S. Case No. 262 of 2020 registered for the offences punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.21646 of 2020(2) dt.08-07-2020 2/3 The allegation against the petitioners is that a Magic commercial vehicle was intercepted by the Police having registration number of West Bengal, from which, 681 litres of illicit liquor has been recovered.

Learned counsel for the petitioners submits that the petitioner No. 1 is driver and the petitioner No. 2 is cleaner of the vehicle which is a commercial vehicle used for carrying goods by its owner. Learned counsel further submits that the owner of the vehicle is also accused in this case. Learned counsel also submits that the petitioners were not aware of the goods being loaded and transported by its owner. They have got no criminal antecedents. They are in custody since 30.03.2020 and charge sheet has already been submitted in the case. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioners are not having any criminal antecedent and they are in custody since 30.03.2020, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with

Patna High Court CR. MISC. No.21646 of 2020(2) dt.08-07-2020 3/3 Special Case No. 365 of 2020 arising out of Araria (Bairagachhi) P.S. Case No. 262 of 2020.

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

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