Praveen Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42802 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== PRAVEEN KUMAR SINGH S/O LATE JASWANT SINGH R/o villageChorkari, P.S.- Itkhori, District- Chatra, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

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

The petitioner seeks regular bail in connection with Excise Case No. 187 of 2021, registered for the offences punishable under Sections 30 (a)/33 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the prosecution report, is that the Excise Officials intercepted one TATA 407 truck and recovered 1400 litres of spirit from the said vehicle and arrested the petitioner, who disclosed that the driver, Raju Thakur, has managed to flee away and the petitioner also disclosed the names of two other persons, who were involved in the business of illicit liquor.

Patna High Court CR. MISC. No.42802 of 2021(2) dt.02-02-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case inasmuch as the petitioner had taken a lift in the vehicle in question. He further submits that the petitioner is neither the driver nor the owner of the vehicle, in question. He further submits that the petitioner is in custody since 04.07.2021 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 neither the owner nor the driver of the vehicle, in question, he is in custody since 04.07.2021, 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. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge,

Patna High Court CR. MISC. No.42802 of 2021(2) dt.02-02-2022 3/3 Excise, Gaya, in connection with Excise Case No. 187 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √