Maan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58922 of 2021 Arising Out of PS. Case No.-234 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Maan Singh Son of Rupdev Singh Resident of Village - Kulha Manjhauli, P.S.- Mali, Dist.- Aurangabad 2.

Lalan Kumar Singh Son of Tapeshwar Singh Resident of Village - Kulha Manjhauli, P.S.- Mali, Dist.- Aurangabad Pramament Address - Village - Eginahi, P.S.- Mali, Dist.- Aurangabad.

3.

Ravi Ranjan Singh Son of Sheopujan Singh Resident of Village - Kulha Manjhauli, P.S.- Mali, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioners and Ms. Sangeeta Sharma, learned A.P.P. for the State through virtual court proceedings.

The petitioners seek regular bail in connection with I.A. No. 01/2021/C.I.S. No. 234 of 2021 arising out of Excise Case No. 234 of 2021 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 24.08.2021 and prosecution report has been submitted in the case.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58922 of 2021(2) dt.07-01-2022 2/2 allegation is of recovery of 2325 litres of liquor from a Tata pickup van as detailed in the F.I.R.

Learned counsel for the petitioners submits that the petitioner no. 1 is the driver, petitioner no. 2 is the khalashi and petitioner no. 3 is a passenger who had taken lift in the truck. It is further submitted that petitioner no. 1 and 2 being driver and khalashi were completely unaware what was being loaded and transported in the truck and the petitioner no. 3 being passenger, was not aware that the truck was carrying illegal liquor. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 24.08.2021 and prosecution report has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Gaya in connection with Excise Case No. 234 of 2021.

(Satyavrat Verma, J) Rishi/- U T