Satish Kumar @ Satish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39111 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Satish Kumar @ Satish, Son of Jagdish Prasad, Resident of VillageChandrapura, Police Station- Ateli, District- Mahendra Garh (Haryana) 2.

Babu Lal Yadav, Son of Late Udami Ram Yadav, Resident of VillageBochariya, Police Station- Ateli, District- Mahendra Garh (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 17.04.2019 in connection with Kuchaikot P.S.Case No.124 of 2019 registered for the offence under Section 414 of the I.P.C. and Sections 30(a), 32(2), 38(1), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that the petitioners are merely the Drivers of the truck which was carrying onions. It is alleged that 2134.080 litres of foreign liquor was recovered from the truck, of which the petitioners had no knowledge. It is further submitted that the petitioners

Patna High Court CR. MISC. No.39111 of 2019(5) dt.04-09-2019 2/2 have no criminal antecedents and that they have nothing to do with the articles that was loaded in the truck and their sole role is to drive the vehicle in question and, therefore, the alleged recoveries were not from their conscious possession. Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedents, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise, Gopalganj, in connection with Kuchaikot P.S.Case No.124 of 2019.

(Anjana Mishra, J) PNM U T