Tapeshwari Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53425 of 2021 Arising Out of PS. Case No.-357 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== TAPESHWARI GUPTA SON OF BASISTHA MANI RESIDENT OF VILLAGE- TILAHA, P.S- CHILAHA, DIST- MIRZAPUR (UTTAR PRADESH) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar Singh For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard both sides.
Petitioner seeks regular bail in connection with Hajipur Town PS Case No. 357 of 2021 corresponding to Excise G.R. No. 553 of 2021 registered under Section 30(a) / 32 (2) / 38 (i) / 41 (i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
A total quantity of 3061.08 liters of illicit foreign liquor concealed beneath bags of cement was recovered from a truck which was being driven by the petitioner. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has been implicated in this case merely because he happens to be the driver of the vehicle. He next submits that petitioner was driving
Patna High Court CR. MISC. No.53425 of 2021(2) dt.12-05-2022 2/2 the truck in question at the instruction and instance of its owner and he was not aware about the illicit liquor being kept therein. The petitioner is in custody since 01 / 05 / 2021 and charge sheet has already been submitted.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 01-05-2021, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with Hajipur Town PS Case No. 357 of 2021 corresponding to Excise G.R. No. 553 of 2021.
(Anil Kumar Sinha, J) praful/- U T