Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40672 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- BIKRAM District- Patna ====================================================== Anil Ray S/O Lakshman Rai R/O Village-Latarhariya, P.S.-Parsa, District Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Saurav For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bikram P.S. Case No. 08 of 2021 corresponding to Special Case (Excise) No. 304 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 6200 litres of spirit has been recovered from a truck of which this petitioner was driver.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment and has got no concern with the seized spirit. Petitioner is in custody since 11.01.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is

Patna High Court CR. MISC. No.40672 of 2021(3) dt.21-02-2022 2/2 complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Bikram P.S. Case No. 08 of 2021 corresponding to Special Case (Excise) No. 304 of 2021. (Prabhat Kumar Singh, J) vinita/- U T