Patna High CourtCR. MISC./33173/2020bail granted

Anup Kumar v. The State Of Bihar

2020-12-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33173 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- GOH District- Aurangabad ====================================================== ANUP KUMAR Son of Ramji Saw Resident of Village - Bandua, P.S.- Chainpur, Distt.- Palamu (JHARKHAND).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Balmukund Prasad Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Goh P.S. Case No. 115 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

One pick-up vehicle and a white Scorpio vehicle were intercepted by the police, on the basis of secret information, of carriage of illicit liquor in the said vehicles. The petitioner was driving Scorpio vehicle. Allegedly, from the Scorpio vehicle 90 liters of Indian made foreign liquor was recovered. The petitioner is in custody since the date he was arrested by the police i.e. on 13.08.2020.

Patna High Court CR. MISC. No.33173 of 2020(2) dt.17-12-2020 2/2 Learned counsel appearing on behalf of the petitioner has submitted that, even if, what has been alleged in the F.I.R., is treated to be correct that from the petitioner's vehicle only 90 liters of illicit liquor was recovered and he being the driver of the vehicle, was unaware, as to what had been loaded by the owner of the vehicle, in the vehicle. It has been stated that in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the above, this application is allowed. 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 the learned Additional District and Sessions Judge, VII-cum-Special Judge (Excise), Aurangabad (Bihar) in Goh P.S. Case No. 115 of 2020.

(Chakradhari Sharan Singh, J) AKASH/- U T