Upendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56611 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- KALER District- Jehanabad ====================================================== UPENDRA PATHAK S/O LATE NATHUNI PATHAK R/o villageManikpur, P.S.- Nagar, Distt.- Gopalganj, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Excise Case No. 240 of 2021, arising out of Kaler Police Station Case No. 15 of 2021, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that from the truck, which was being driven by the coaccused Dinesh Yadav, a total quantity of 5000 litres of spirit was recovered.

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 on the basis of disclosure of his name by the driver of the truck. He further submits that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.56611 of 2021(3) dt.12-04-2022 2/2 possession and/or vehicle belonging to the petitioner. He further submits that the petitioner is in custody since 11.08.2021, having no criminal antecedent and charge sheet has been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the driver of the truck, namely, Dinesh Yadav, has been granted bail by this Court, charge sheet has been submitted against him and he is in custody since 11.08.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, excise, Jehanabad, in connection with Excise Case No. 240 of 2021, arising out of Kaler Police Station Case No. 15 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √