Patna High CourtCR. MISC./22432/2018bail granted

Lakhbir Singh v. The State Of Bihar

2018-05-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22432 of 2018 Arising Out of PS.Case No. -496 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictGOPALGANJ ======================================================

1. Lakhbir Singh, Son of Mahendra Singh, Resident of Village + P.S.- Dakansu Kala, (Kalan), P.O.- Shambu, District- Patiyala (Punjab). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise case no. 496 of 2017 instituted for the offences punishable under Section 30(a) of Bihar Excise Prohibition Act. The allegation is regarding recovery of 3661 ltrs. of illicit liquor from a truck.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since six month i.e. from 16.11.2017 and he is merely the driver of the said truck, hence the recovery of illicit liquor cannot be said to be attributable to the petitioner herein since he was not having the knowledge as to what was being carried in the truck by the owner of the said truck or by the

Patna High Court Cr.Misc. No.22432 of 2018 (5) dt.29-05-2018 2/2 consignee of the said load. The petitioner is said to be having a clean antecedent and he is in custody since 16.11.2017. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Gopalganj in connection with Excise case no. 496 of 2017.

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