Dharmveer Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37943 of 2020 Arising Out of PS. Case No.-346 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Dharmveer Singh S/O Jamuna Singh, Resident of village- Gafapur @ Gafakhurd, P.s.- Bodhgaya, District- Gaya 2.

Vicky Kumar S/O Birendra Ram, Resident of village- Gafapur @ Gafakhurd, P.s.- Bodhgaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Adv.

For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. appearing for the State. The petitioners seek regular bail in connection with Excise Case No. 346 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 175 liters of illicit liquor from the Maruti Suzuki vehicle and the petitioners are stated to be the drivers of the said vehicle. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are

Patna High Court CR. MISC. No.37943 of 2020(2) dt.05-02-2021 2/2 languishing in custody since 05.09.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and considering the materials available on record as also considering the period of incarceration of the petitioners herein and the fact is that they are not the owner of the said vehicle, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioners, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Excise P.S. Case No. 346 of 2020.

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