Mohanto Rajbanshi @ Mohanta Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41746 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- KALER District- Jehanabad ====================================================== MOHANTO RAJBANSHI @ MOHANTA RAJBANSHI Son of Late Lalatu Rajwanshi Resident of Mohalla- Sri Chaitanya Colony Ward No.21, Nawadwip, P.S.- Nawadwip, District- Nadia (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kaler PS case no. 31 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

Patna High Court CR. MISC. No.41746 of 2021(2) dt.04-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 06.05.2021. The learned counsel for the petitioner has further submitted that since the petitioner is merely the driver of the said truck in question, he was not aware about the contents of the consignment loaded on the said truck, hence he cannot be saddled with the liability of the recovered illicit liquor.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the truck in question, he is having a clean antecedent and is languishing in custody since a long time, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge II-

Patna High Court CR. MISC. No.41746 of 2021(2) dt.04-01-2022 3/3 cum-Special Judge (Excise), Jehanabad in connection with Kaler PS case no. 137 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T