Satyanarayan Gurjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48965 of 2023 Arising Out of PS. Case No.-228 Year-2023 Thana- BARUN District- Aurangabad ====================================================== 1.

SATYANARAYAN GURJAR SON OF GOPAL GURJAR RESIDENT OF VILLAGE - DOBANI, P.S. - BARLIYAS, DISTRICT - BHILWARA (RAJASTHAN) 2.

NAWLA GURJAR @ NOLA GURJAR SON OF LATE BANA GURJAR RESIDENT OF VILLAGE - DOBANI, P.S. - BARLIYAS, DISTRICT - BHILWARA (RAJASTHAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for petitioners and learned Additional Public Prosecutor.

2. This application has been filed for grant of regular bail in connection with Barun P.S. Case No. 228/2023 registered under section 30(a)/32/41 of the Bihar Prohibition and Excise Act, 2018 and Section 420/467/468/471/120(B)/34 Indian Penal Code.

3. As per the prosecution case, 4437 litres of illicit liquor has been recovered from the truck. Petitioner No. 1 is the driver and petitioner No. 2 is the cleaner-cum-co-driver of the said truck.

3. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.48965 of 2023(4) dt.11-10-2023 2/2 petitioners are innocent and they have been falsely implicated in this case. The petitioners are not the owner of the truck and they are merely driver and co-driver of the truck who had no knowledge about the consignment. Petitioners are in custody since 30.05.2023.

4. Learned A.P.P. has vehemently opposed the prayer for bail.

5. Considering the period of custody, this application for bail is allowed.

6. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court No. 1, Aurangabad in connection with Barun P.S. Case No. 228 of 2023. (Sandeep Kumar, J) Saif/- U T