Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23034 of 2020 Arising Out of PS. Case No.-381 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== RANJAN KUMAR Son of Dinesh Ray Resident of Gadhochak, P.S. - Fatuha, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the State :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-09-2020 Heard Mr. Kumar Goutam, learned counsel for the petitioner and Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Nadi P.S. Case No. 381 of 2020 (Special Case No. 2496 of 2020) registered for the offences punishable under Sections 30(a), 41(1), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The allegation against the petitioner as per the First Information Report is that the Excise Inspector along with the other Excise Official intercepted one Auto (three wheeler) and recovered a total quantity of 300 litres of illicit liquor from the same.
Patna High Court CR. MISC. No.23034 of 2020(2) dt.07-09-2020 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He is not the owner of the three wheeler in question. Learned counsel referring to paragraph 6 of this petition submits that the petitioner is driver of the said Auto (three wheeler). The owner of the vehicle had handed over the key to the petitioner at Petrol Pump and petitioner was directed to wait for call of owner of the vehicle. In the meanwhile, when the petitioner was going to his residence for taking breakfast, the vehicle was intercepted by the Excise Officials and illicit liquor was recovered. Learned counsel further submits that the petitioner was not aware about the illicit liquor being kept inside the three wheeler. Learned counsel also submits that the petitioner is in custody since 09.03.2020.
Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedents, he is driver of the three wheeler and he is in custody since 09.03.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.23034 of 2020(2) dt.07-09-2020 3/3 satisfaction of learned Special Judge, Excise, Patna, in connection with Nadi P.S. Case No. 381 of 2020 (Special Case No. 2496 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