Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34182 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== ALOK KUMAR Son of Rama Shankar Singh Resident of Village - Chitawan, P.S.- Dinara, Distt.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 267 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 4233.64 litres of illicit liquor from a truck and the petitioner is stated to be driver of the truck.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 22.12.2020. The learned counsel for the

Patna High Court CR. MISC. No.34182 of 2021(2) dt.13-12-2021 2/2 petitioner has further submitted that the petitioner is merely the driver of the truck in question and he was not having any knowledge about the contents of the consignment loaded on the said truck.

Per contra, Shri Binod Kumar, learned APP for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the truck in question and he is languishing in custody since 22.12.2020, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge, Excise, Rohtas at Sasaram in connection with Excise Case No. 267 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T