Bed Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36780 of 2021 Arising Out of PS. Case No.-103 Year-2017 Thana- MASHRAK District- Saran ====================================================== BED PRAKASH S/O LATE OMKAR R/O HOUSE NO. 214, WARD NO.01, NEAR VISHWAKARMA MANDIR, TASHIL SAFIDON, P.S-SAFIDON SADAR, DISTRICT-JIND (HARYANA).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Md. Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Md. Arif, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Masrakh P.S. Case No. 103 of 2017 registered for the offence punishable under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

A total quantity of 2420.720 litres of illicit liquor has been recovered from the truck owned by the petitioner. Learned counsel for the petitioner submits that the petitioner has been made accused merely because he

Patna High Court CR. MISC. No.36780 of 2021(2) dt.07-01-2022 2/3 happens to be the owner of the truck and illicit liquor has been recovered from the same. Learned counsel further submits that the truck of the petitioner was being plied on hire basis and he was not aware about the illicit liquor being kept by the driver in the truck. He next submits that the petitioner is in custody since 24.3.2021 having no criminal antecedent.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 24.3.2021 having no criminal antecedent and charge sheet has already been submitted, 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.25,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VIth cum Special Judge, Excise, Saran at Chapra, in connection with Masrakh P.S. Case No. 103 of 2017 subject to the condition that one of the bailors shall be resident of the territorial jurisdiction of the learned

Patna High Court CR. MISC. No.36780 of 2021(2) dt.07-01-2022 3/3 court below.

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

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