Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56136 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- MAHESI District- East Champaran ====================================================== Ramesh Kumar Son Of Harichandra Resident Of Village - Ward No. 2 Amar Colony Chak 03 S.T.R., P.S. - Gharsana, District - Sri Ganganagar (Rajsthan). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rashmi Jha, Adv For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State Petitioner seeks bail in a case registered in connection with Mehsi P.S.Case No. 170 of 2021 under section 30(a) of the Bihar Prohibition & Excise Act. As per the prosecution case, it is alleged that police on secret information intercepted a truck which was being driven by the petitioner. On search total 5643.72 liters of foreign liquor was recovered from the truck. Learned counsel for the petitioner submitted that petitioner who happens to be driver of the said truck had no knowledge as to what was loaded by the transporter or the owner of the said truck in sealed cartoons. It is next
Patna High Court CR. MISC. No.56136 of 2021(3) dt.17-08-2022 2/3 submitted that petitioner has no concern with alleged illicit liquor. It is further submitted that he is in custody since 21.07.2021 having no criminal antecedent and moreover, he is ready to give under taking that he will remain present in the course of trial.
On the other hand, learned counsel for the State opposed the bail application and submits that huge quantity of illicit liquor has been recovered from the truck and involvement of the petitioner cannot be ruled out. Having heard the rival contentions of the parties and taking into consideration the fact that petitioner happens to be driver of the said truck and he is in custody since 21.07.2021 having fair antecedent and moreover, investigation is completed and the charge sheet has been submitted, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge Excise, Motihari, East Champaran in connection with Mehsi P.S.Case No. 170 of 2021 further conditions which are as follows:-
Patna High Court CR. MISC. No.56136 of 2021(3) dt.17-08-2022 3/3 (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) One of the bailors shall be the local resident having territorial jurisdiction.
(Harish Kumar, J) N.K/- U T