Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43477 of 2021 Arising Out of PS. Case No.-208 Year-2021 Thana- MANJHI District- Saran ====================================================== BIPIN KUMAR Son of Shri Krishun Lal @ Kishun Lal Resident of Village - Kutubpur, Police Station - Bagwala Chauki, Amghat Yeta (U.P.) at present 566, Presidential Quarter Central Jail Tihar, Hari Nagar South, West - Delhi -110064 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Srivastva For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 551.88 liters of illicit liquor has been recovered from a pick up van of which this petitioner was driver.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner being driver of the vehicle was not aware of the nature of consignment and he

Patna High Court CR. MISC. No.43477 of 2021(2) dt.01-11-2021 2/2 was simply following the instructions of the owner of vehicle in question. Petitioner claims clean antecedent and is in custody since 30.06.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Sessions Judge-II-cum- Special Judge, Excise Act, Saran at Chapra in connection with Manjhi PS case No.208/2021.

(Prabhat Kumar Singh, J) BKS/- U T