Hardeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38834 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== HARDEEP SINGH, age about 30 years, S/o- Jaspal Singh, Resident of Village- Mubarakpur, P.S.- Dera Basi, Distt- Sas Nagar (Mohali), Panjab. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Harendra Prasad, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2020. The prosecution story, in brief, is that total 3604.065 liters wine is said to have been recovered from the Truck in question.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 15.01.2020 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of

Patna High Court CR. MISC. No.38834 of 2020(2) dt.05-02-2021 2/2 tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 3604.065 liters wine is recovered from the Truck in question. The petitioner is said to be the driver of the Truck in question. The petitioner had no knowledge regarding the nature of goods booked by the Transporter on the Truck in question. There is no compliance of Section 100 Cr. P.C. Other co-accused has been granted bail by the then Co-ordinate Bench of this Court vide Cr. Misc. No. 22658 of 2020 under order dated 02.09.2020.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Kuchaikot P.S. Case No. 17/2020.

(Sudhir Singh, J) U.K./- U T