Bardi Shankar Nagda @ Shankar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50506 of 2021 Arising Out of PS. Case No.-5 Year-2017 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== BARDI SHANKAR NAGDA @ SHANKAR LAL Son of Late Hira Lal Nagda R/o - Kharka, P.S.- Singla, Distt.- Udaypur (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard Mr. Satrudhan Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor for the state through video conferencing. Petitioner seeks regular bail in connection with Economic Offences PS Case No. 05/2017, Special Case No. 1194/2017 registered for the offence punishable under Sections 272, 273, 467, 468, 471, 414, 120(B)/34 of the IPC and Section 30(a)/38/41 of Bihar Prohibition & Excise Act 2016. Nine litres of illicit liquor has been recovered from the Truck of the petitioner bearing No. RJ09-GA-0742 in which owner book and other documents of the petitioner were kept. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case mainly because he happens to be the owner of the said truck where illicit liquor were kept. It has further been submitted that at the time of seizure of illicit liquor petitioner was not present in the

Patna High Court CR. MISC. No.50506 of 2021(2) dt.08-04-2022 2/2 truck and he was not aware about the illicit liquor being kept therein by the driver/co-driver. Petitioner has been remanded in this case from Pratapnagar PS Case No.08/2021 on 15.02.2021 and since then, he is in custody.

Learned counsel next submits that charge-sheet has already been submitted in the matter and the trial is not likely to be concluded in near future.

Regards being to the submissions made by the parties and taking into consideration the material on record and the fact that at the time of seizure of illicit liquor petitioner was not present in the said truck, I am inclined to grant regular bail to the petitioner subject to the condition that one of the bailors must be a local resident residing in the territorial jurisdiction of the trial court.

Accordingly, let the petitioner, BARDI SHANKAR NAGDA @ SHANKAR LAL 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 Special Judge, Patna in connection with Economic Offences PS Case No. 05/2017, Special Case No. 1194/2017.

perwez (Anil Kumar Sinha, J) U T