Ram Ishwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40357 of 2020 Arising Out of PS. Case No.-11 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAM ISHWAR SINGH Son of Baiju Singh Resident of Village- Mandaidih, P.S.- Patepur, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Prasad, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard Mr. Nityanand Prasad, learned Counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Kodawandpur Police Station Case No. 11 of 2019, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that a total quantity of 25.92 litres of illicit liquor was recovered from the pick-up vehicle which was parked of the side of the road. 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 he happens to be the owner of the vehicle. Learned counsel next submit that vehicle, in question, is a commercial

Patna High Court CR. MISC. No.40357 of 2020(2) dt.02-03-2021 2/2 vehicle and was being plied on hire basis by the driver and the petitioner was not aware about the illicit liquor being kept inside the same by the driver. Learned counsel next submits that petitioner is in custody since 18.09.2020 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 is in custody since 18.09.2020 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, Ram Ishwar Singh, 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 2nd Additional Sessions Judge-cum-Special Judge, Bihar Prohibition and Excise Act, Begusarai, in connection with Kodawandpur Police Station Case No. 11 of 2019. (Anil Kumar Sinha, J.) sanjeev/- U T