Taranjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24155 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Taranjeet Singh, Age 24 years, Male, Son of - Pritam Singh, Resident of Mohalla - Pathra Bhirganj, P.S - Sahi, District -Baraeli, U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Bharti For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard Ms. Rashmi Bharti, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Kudhani Turki (O.P) P.S. Case No. 47 of 2020 / G.R. Case No. 680 of 2020 registered for the offence under Section 30 (a), 38 (1), 41 (1) of the Bihar Prohibition & Excise Act, 2016 and Section 414 / 34 of the I.P.C.

The allegation as per the First Information Report is that three trucks were intercepted by the Police and from the truck of the petitioner 7000 liters of illicit liquor has been recovered.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.24155 of 2020(3) dt.12-11-2020 2/3 and he happens to be the driver of the truck and was not aware about the consignment of liquor being kept by the transporter in the truck. Learned counsel further submits that similarly situated other co-accused persons who are also driver of the truck have been granted bail by this court in Cr. Misc. No. 21077 of 2020 and Cr. Misc. No. 23471 of 2020 by different co-ordinate Benches of this Court. Learned counsel further submits that petitioner is in custody since 28.01.2020.

Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that similarly situated accused persons have been granted bail and petitioner is in custody since 28.01.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur / court concerned in connection with Kudhani Turki (O.P) P.S. Case No. 47 of 2020 / G.R. Case No. 680 of 2020 on the following conditions:- (i) that one of the bailors shall be the

Patna High Court CR. MISC. No.24155 of 2020(3) dt.12-11-2020 3/3 local resident residing under the territorial jurisdiction of the court concerned.

(ii) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.

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

(Anil Kumar Sinha, J) praful/- U T