Pappu Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50436 of 2021 Arising Out of PS. Case No.-260 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.
PAPPU KUMAR BHAGAT Son of Late Bhageran Bhagat Resident of Village- Bariyarpur, P.S.- Bakhtiyarpur, District- Patna. 2.
Akash Deep Son of Late Umashankar Kumar Sinha Resident of VillagePatel Nagar, Ruban Sector-2, Siode- 4, Dhurva, P.S.- Dhurva, DistrictRanchi (Jharkhand). 3.
Sujeet Kumar Son of Late Krishna Chaudhary Resident of Village/MohallaQuarter No. 1165, Sector-2, P.S.- Dhurva, District- Ranchi. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard the parties.
Petitioners seek regular bail in connection with G.O. Case No. 260 of 2021 registered under Section 30(a) / 56 (b) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution report lodged by Excise officials a Santro vehicle was intercepted and 81 liters of illicit foreign liquor has been recovered from the same and the petitioners were arrested.
Learned counsel for the petitioners submits that petitioners have got no criminal antecedent and from perusal of the prosecution report it would not be evident that petitioners were sitting in the vehicle. The petitioners are neither the driver nor the owner of the vehicle and they were arrested from the road while standing beside the vehicle. Learned counsel further
Patna High Court CR. MISC. No.50436 of 2021(2) dt.25-03-2022 2/2 submits that the owner of the vehicle is Rajkumar Sah which would be evident from the owner book annexed at Annexures- 2 & 2 / 1, petitioners are in custody since 23.05.2021 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 petitioners are neither owner nor the driver of the vehicle in question, petitioners have got no criminal antecedent, they are in custody since 23/05/2021, charge sheet has already been submitted and there is no likelihood that petitioners will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioners.
Let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- II- -cum-Special Judge, Nawada in connection with G.O. Case No. 260 of 2021.
(Anil Kumar Sinha, J) praful/- U T