Patna High CourtCR. MISC./34888/2020bail granted

Govinda Kumar Singh v. The State Of Bihar

2021-01-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34888 of 2020 Arising Out of PS. Case No.-592 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== GOVINDA KUMAR SINGH Son of Amresh Singh @ Amresh Kumar Singh Resident of Village - Sarsa, P.S.- Risiyap, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Excise Case No. 592 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise Act, 2018.

The allegation is regarding recovery of 421.5 liters of illicit liquor from a maruti Alto car and the petitioner is stated to be the driver.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 16.07.2020.

Patna High Court CR. MISC. No.34888 of 2020(2) dt.25-01-2021 2/2 Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and he is merely the driver of the car in question from which illicit liquor has been recovered and he is not the owner of the said vehicle, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional & Session Judge (vii) cum Special Judge (Excise), Aurangabad in connection with Excise Case No. 592 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T