Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48409 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

Sushil Kumar Son Of Ramnarayan Singh Resident Of Village - Barka Baneya, P.S.- Dariyapur, Distt.- Saran.

2.

Sonu Kumar Son Of Rajaram Resident Of Village - Kanchanpur, P.S.- Bidupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore (APP-100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Mahendia P. S. Case No.77 of 2021, instituted for the offences under Sections 420, 467, 468, 471, 272, 273/ 34 of the Indian Penal Code and Sections 30(a), 36, 41(I)(II) of the Bihar Prohibition and Excise Act, 2018.

The learned counsel for the petitioners submits that the petitioners are in custody since 01.07.2021, they are persons with clean antecedents and charge-sheet has been submitted in the case.

Allegation is of recovery of 3000 litre of foreign

Patna High Court CR. MISC. No.48409 of 2021(2) dt.17-12-2021 2/2 liquor from a truck of which the petitioner no.1 is the driver and the petitioner no.2 is the co-driver.

The learned counsel for the petitioners submits that petitioners, being the driver and the co-driver, were not aware what the owner was transporting in the said truck. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody since 01.07.2021, they are persons with clean antecedents and charge-sheet has been submitted in the case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge Excise, Jehanabad in connection with Mahendia P. S. Case No.77 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T