Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43678 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== SANDEEP KUMAR S/O PRADEEP KUMAR GUPTA R/O MOHALLA-8/C SIWAN MORE, CHIRUDIH, BOKARO, P.S-HARLA, DISTRICTBOKARO (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with G.O. Case No. 195 of 2021, registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the Prosecution report, is that the Excise Officials intercepted one TATA Sumo Gold vehicle, being driven by the petitioner, and recovered a total quantity of 144 litres of illicit liquor from the said vehicle. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he was driving the said vehicle. He further submit that the petitioner has got no criminal antecedent and the said

Patna High Court CR. MISC. No.43678 of 2021(2) dt.03-02-2022 2/2 vehicle was being driven by the petitioner at the instance of its owner on hire basis and he was not aware about the illicit liquor being kept therein. He further submits that the petitioner is in custody since 10.04.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 10.04.2021, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Nawada, in connection with G.O. Case No. 195 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √