Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50469 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== DHIRAJ KUMAR Son of Ramovatar Mandal Resident of Village- Shahabad, P.S.- Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bajarangi Lal For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard the parties.

Petitioner seeks regular bail in connection with Excise Comp. Case No. 29 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Excise officials intercepted a Pick Up Van and recovered 163.05 liters of illicit liquor from the same. The petitioner was sitting in the said vehicle as Khalasi. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because he was sitting in the vehicle as Khalasi (cleaner). Learned counsel submits that being Cleaner petitioner was not aware about illicit liquor being kept therein by the owner and / or the driver of the vehicle and he is

Patna High Court CR. MISC. No.50469 of 2021(2) dt.25-03-2022 2/2 in custody since 14-2-2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is neither the driver nor owner of the vehicle in question, he is in custody since 14-2-2021 having no criminal antecedent, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Banka in connection with Excise Comp. Case No. 29 of 2021. (Anil Kumar Sinha, J) praful/- U T