Sandip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37424 of 2020 Arising Out of PS. Case No.-214 Year-2020 Thana- BAUNSI District- Banka ====================================================== SANDIP KUMAR, son of Kundan Choudhary Resident of Village- Ishaque Chak, P.S.- Ishaque Chak, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Choudhary, Advocate Mr. Daya Shankar Prasad Sinha, Advocate Mr. Shyameshwar Dayal, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Alok Kumar Choudhary, learned Counsel for the petitioner and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Baunsi Police Station Case No. 214 of 2020, disclosing offences under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation, as per the First Information Report is that the police intercepted an Ambulance and recovered altogether 141.9 litres of illicit foreign liquor from the said
Patna High Court CR. MISC. No.37424 of 2020(2) dt.02-02-2021 2/3 Ambulance.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely on the basis of the fact that the Ambulance was being driven by him. Learned counsel next submits that petitioner himself was driving the Ambulance which was hired by passengers who were sitting in the Ambulance and from their possession, illicit liquor was recovered. Learned counsel next submits that coaccused person sitting in the Ambulance has been granted bail by a coordinate Bench of this Court in Cr. Misc. No.34381 of 2020. Learned counsel next submits that the petitioner is in custody since 27.08.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is the driver of the Ambulance having no criminal antecedent and similarly situated accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Sandip Kumar, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.37424 of 2020(2) dt.02-02-2021 3/3 satisfaction of learned Addl. Session Judge-II, Banka, in connection with Baunsi Police Station Case No. 214 of 2020. (Anil Kumar Sinha, J.) sanjeev/- U T