Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24916 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Rajesh Kumar, Son of Ranveer Singh @ Mahendra Singh, Resident of Village- Kurla, P.S- Loharu, District- Bhiwani, Haryana. 2.

Vinod Kumar, Son of Ram Bhagat, Resident of Village- Kurla, P.S- Loharu, District- Bhiwani, Haryana.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody since 23.12.2018 in connection with Dalsinghsarai P.S. Case No.385 of 2018 registered for the offence under Sections 272 & 273 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are the Drivers of the vehicle which was belonging to the Packers & Movers and was carrying the items from Delhi to Kolkata. Learned counsel for the petitioner further submits that it is never the business of any Driver of a vehicle to ascertain

Patna High Court CR. MISC. No.24916 of 2019(2) dt.18-04-2019 2/2 the contents of the package which has been loaded on the vehicle and for no fault of theirs, they are languishing in jail. It is submitted that the alleged recoveries were not from their conscious possession and they have got a clean antecedent. Considering the aforementioned facts and circumstances, let both the above named petitioners 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 Sessions Judge-III-cumSpecial Judge, Excise Act, Samastipur, in connection with Dalsinghsarai P.S. Case No.385 of 2018.

(Anjana Mishra, J) PNM U T