Upendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57116 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== Upendra Pathak S/o Late Nathuni Pathak R/o village- Manikpur, P.S.- Nagar, District- Gopalganj ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ranitalab P.S. Case No. 114 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

7200 litres of spirit has been recovered from a truck of which this petitioner was driver.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner has no concern with the seized liquor. Petitioner has got criminal antecedent of similar nature and he is

Patna High Court CR. MISC. No.57116 of 2021(2) dt.17-12-2021 2/2 in custody since 24.06.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Ranitalab P.S. Case No. 114 of 2021, once the charge is framed in the case. (Prabhat Kumar Singh, J) vinita/- U T