Om Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30712 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NIRMALI District- Supaul ====================================================== 1.

Om Shankar Prasad Son Of Late Hari Mahto R/O Village- Badi Pahari, Devi Asthan, Ward No.56, P.S.- Agamkuan, District- Patna 2.

Jitendra Kumar Son Of Janardan Ram R/O Village- Noor Nagar, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Nirmali P.S. Case No. 06 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioners are named in the F.I.R. and are in custody since 16.01.2023.

The allegation against the petitioners is to be engaged in illegal trading/manufacturing of cough syrup, where, there is recovery of 396.4 litres of cough syrup from the alleged vehicle.

Patna High Court CR. MISC. No.30712 of 2023(3) dt.07-07-2023 2/3 Learned counsel appearing on behalf of the petitioners submitted that petitioner no. 1 is the driver and petitioner no. 2 is the owner and they have been implicated only for the said reason with present offence. It is submitted that the entire details and explanations of consignment furnished by both of petitioners to investigating agencies, where nothing surfaced during the course of investigation that they were aware about the fact that alleged consignment of cough syrup is prohibited under Bihar Prohibition and Excise Act, 2016. While concluding the argument, it has been submitted that both petitioners are of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as where implication only appears being driver and owner of the vehicle carrying consignment of cough syrup, who are of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 16.01.2023, accordingly both the petitioners, above named, are directed to be released on bail in connection with Nirmali P.S.

Patna High Court CR. MISC. No.30712 of 2023(3) dt.07-07-2023 3/3 Case No. 06 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T