Indrajeet Kumar @ Indrajeet Kumar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27851 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Indrajeet Kumar @ Indrajeet Kumar Chaudhari Son Of Maheshwar Chaudhari R/O Village- Sarfuddinpur, P.S.- Bochha, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-08-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Umesh Kumar Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks bail in a case registered in connection with Excise Case No. 07 of 2022 for the offences punishable under Sections 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2018.

As per the prosecution case, it is alleged that while the Excise police was conducting vehicle checking, they apprehended one Mahindra TUV vehicle and on search

Patna High Court CR. MISC. No.27851 of 2022(2) dt.05-08-2022 2/3 total 109.350 liters country made foreign liquor were recovered. It is further alleged that the petitioner was apprehended while he was driving the vehicle. Learned counsel for the petitioner submits that petitioner happens to be driver of the vehicle in question was not even aware as to what was loaded by the owner of the vehicle. It is next submitted that the vehicle in question runs on rent/fare and as such petitioner had neither any concern with the vehicle nor with the illicit liquor. It is next submitted that this petitioner is in custody since 14.04.2022, having no criminal antecedent.

On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that petitioner happens to be driver was not even aware as to what was being carried by the owner and moreover, he is in custody since 14.04.2022, having fair antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.27851 of 2022(2) dt.05-08-2022 3/3 Sessions Judge IV cum Special Judge Excise , Gopalganj in connection with Excise Case No. 07 of 2022 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T