Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58645 of 2021 Arising Out of PS. Case No.-425 Year-2021 Thana- MASHRAK District- Saran ====================================================== PAWAN KUMAR S/O BHOLA PRASAD @ BHOLA SAH R/o village- Arna (Muslim Tolla), P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard Mr. Pritish Ranjan, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Mashrakh PS Case No. 425/2021 registered for the offence punishable under Sections 30, 30(a) 38 and 41 of Bihar Prohibition & Excise Act 2016.

As per First Information Report, the police on the basis of secret information that one loaded truck with illicit liquor was to arrive at Gopalganj, proceeded towards the place of occurrence i.e., Village, Bangra and saw that one truck along with four motorcycles were standing near Singh Line Hotel and some people were standing there. Upon seeing the police party accused persons tried to flee away. However, five

Patna High Court CR. MISC. No.58645 of 2021(3) dt.05-05-2022 2/3 accused persons were arrested by the police while two persons succeeded in fleeing away. The police recovered 8000 litres of illicit liquor from the said truck.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent of similar nature of offence and he has falsely been implicated in this case mainly because he had visited the line Hotel for taking some food. He next submits that the petitioner is neither the owner nor the driver of the said truck as well as that of motorcycles and he is in custody since 13.08.2021. Learned counsel also submits that the charge-sheet has been submitted in the matter. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent of similar nature of offence, the petitioner is neither the owner nor the driver of the said truck as well as that of motorcycles, he is in custody since 13.08.

2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, PAWAN KUMAR be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.58645 of 2021(3) dt.05-05-2022 3/3 cum-Special Judge, Excise, Saran in connection with Mashrakh PS Case No. 425/2021.

(Anil Kumar Sinha, J) perwez U T