Anil Kumar @ Lalan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40250 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== ANIL KUMAR @ LALAN, Son of Late Ramayan Ram Owner of Br-2 (M) 3745 Owner cum Driver, Resident of Village - Barah Pathar (Ambedkar Nagar), P.S.- Dehri (T), Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2021 Heard Mr. Arun Kumar, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Dehri (T) Police Station Case No. 177 of 2020, disclosing offences under Section 30(a) of the Bihar Excise Prohibition (Amendment) Act, 2018.

The allegation, as per the First Information Report is that a Pick-up Magic vehicle was intercepted by the police and total quantity of 173.7 litres of illicit liquor was recovered from the said vehicle.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he happens to be the owner of the said commercial vehicle which

Patna High Court CR. MISC. No.40250 of 2020(2) dt.24-02-2021 2/2 was being driven by his driver on hire basis and petitioner being the owner was not aware about the illicit liquor being kept inside the same. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 31.07.2020 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 is in custody since 31.07.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Anil Kumar @ Lalan, 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 Additional District and Sessions Judge-IIcum-Special Judge, Excise, Rohtas at Sasaram, in connection with Dehri (T) Police Station Case No. 177 of 2020. (Anil Kumar Sinha, J.) sanjeev/- U T