Rohit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58635 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== ROHIT, Son of Shiv Charan, Resident of Village - Rathiwas, Police Station - Taoru, District - Mewat (Hariyana).
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-04-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Excise Case No. 229 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Amendment Excise Act, 2018. He is in custody since 03.08.2021. The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits that as per the prosecution story, the informant alleged that during vehicle checking at Balthari Check Post, one passenger bus was
2/4 searched and total 44.280 litres of foreign liquor kept in two bags found in the dickey of the bus were recovered. On asking about the bags, passengers denied the bags. This petitioner being staff of the bus disclosed that the bags in question were loaded at Taudu. Booking Agent namely, Karan brought the passenger Gaurav, who came with Golu, by Swift Desire Car. It is alleged that it is Golu who kept the bags in question in the dickey of the bus. It is alleged that the driver and co-driver had not searched the bags in question at the time of loading due to which they have been made accused.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent and he is in custody in connection with this case since 03.08.2021.
Learned counsel submits that the petitioner is codriver of one passenger bus which is run by M/S S.K. Tour and Travels and in course of search of the said bus from two bags 44.280 litres of foreign liquor were recovered. The driver and one of the passengers have been granted bail by this Court in Cr. Misc. No. 55925 of 2021 and Cr. Misc. No. 57083 of 2021. The petitioner has remained in custody since 03.08.2021 and is also
3/4 ready to provide one local bailor.
Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the submission that the alleged recovery of 44.280 litres of foreign liquor has been made from the dickey of the bus, this petitioner is said to be co-driver and in this case the driver and one of the passengers have been granted bail by this Court in Cr. Misc. No. 55925 of 2021 and Cr. Misc. No. 57083 of 2021 as also that the petitioner has remained in custody since 03.08.2021 and is also willing to provide one local bailor, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge (Excise), Gopalganj in connection with Excise Case No. 229 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.
And further condition that one of the bailors would be the resident of the State of Bihar having sufficient means. And further condition that the court below shall verify
4/4 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.