Jaspal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4827 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== JASPAL PATEL, Son of Lalan Patel Resident of Village - Bariya Patti, P.S.- Bishunpura, Distt.- Kushinagar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Ashok Kumar Gupta, learned Counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Dhanaha Police Station Case No. 237 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation, as per the First Information Report is that the bolero pick-up van was intercepted by the police and a total quantity of 600 litres of spirit was recovered from the said vehicle which was being driven by the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Learned counsel next submits that the petitioner is the driver of the pick-up van and was plying the vehicle on instruction of its owner

Patna High Court CR. MISC. No.4827 of 2021(2) dt.25-03-2021 2/2 and was not aware about the spirit being kept in the vehicle. Learned counsel next submits that petitioner is in custody since 01.10.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 01.10.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Jaspal Patel, 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 learned Special Judge (Excise), West Champaran, Bettiah, in connection with Dhanaha Police Station Case No. 237 of 2020.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing. (Anil Kumar Sinha, J) sanjeev/- U T