Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54570 of 2021 Arising Out of PS. Case No.-309 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Varun Kumar Son Of Dipti Singh Resident Of Village - Dalippur, P.S.- Ochha, Distt.- Mainpuri (U.P.) 2.

Bhunesh Kumar @ Bhuvneshwar Kumar @ Bhuvnesh Kumar Son Of Rama Shankar Yadav Resident Of Village - Dalippur, P.S.- Ochha, Distt.- Mainpuri (U.P.) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Mohania P. S. Case No.309 of 2021, instituted for the offences under Sections 467, 468, 471, 420 of the Indian Penal Code and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018.

The learned counsel for the petitioners submits that the petitioners are in custody since 03.08.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case.

Allegation is of recovery of 1475.25 litre of foreign liquor from Tata truck as detailed in the F.I.R. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.54570 of 2021(2) dt.24-12-2021 2/2 petitioner no.1 is the owner-cum-driver of the truck and petitioner no.2 is the cleaner. Learned counsel submits that petitioner no.1, being the owner and driver of the truck merely loaded the consignment without knowing what was there in the consignment and the petitioner no.2, being the cleaner, completely unaware of the consignment which was loaded on the truck.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioners are in custody since 03.08.2021, they are persons with clean antecedents and charge-sheet has been submitted in this case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge Excise, Kaimur at Bhabua in connection with Mohania P. S. Case No.309 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T