Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4093 of 2021 Arising Out of PS. Case No.-676 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== PAWAN KUMAR, son of Om Prakash, Resident of Village- Neyola, P.S.- Kulana, District- Jhajjar (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2021 Heard Mr. Ashok Kumar Sinha, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Ara Nawada Police Station Case No. 676 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation, as per the First Information Report is that police intercepted a Maruti Van and recovered a total quantity of 336.75 litres of illicit liquor from the same. The Maruti Van was being driven by the petitioner and one person sitting in the Maruti Van succeeded in fleeing away. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.4093 of 2021(2) dt.24-03-2021 2/3 and he has falsely been implicated in this case inasmuch as he is a driver by profession and was driving the vehicle on the instruction of co-accused, Fauji and the petitioner was not aware about the illicit liquor being kept in the said vehicle. Learned counsel next submits that Fauji is the owner of the vehicle. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 03.09.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedent and he is in custody since 03.09.2020 and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Pawan 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 satisfaction of learned 4th Additional Sessions Judge-cumSpecial Judge (Excise), Bhojpur at Ara, in connection with Ara Nawada Police Station Case No. 676 of 2020.

Patna High Court CR. MISC. No.4093 of 2021(2) dt.24-03-2021 3/3 It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T