Anesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43442 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== ANESH KUMAR S/O MOOLCHAND Resident of Dewas, P.S.- Mahendragarh, District- Mahendragarh (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Purnea Excise C-1 Case No. 183 of 2020 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 1269 litres of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

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 he is languishing in custody since 14.10.2020. The learned counsel for the petitioner has further submitted that the petitioner is not the owner of the truck and he is merely the driver of the truck in question, hence he was not having any knowledge about the contents of the

Patna High Court CR. MISC. No.43442 of 2021(2) dt.15-02-2022 2/2 consignment which had been loaded on the said truck. Per contra, the learned counsel 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 petitioner 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 and moreover he is languishing in custody since a long time apart from having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with Purnea Excise C-1 Case No. 183 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T