Patna High CourtCR. MISC./53311/2024bail granted

Ramnath Kumar v. The State Of Bihar

2024-08-07Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53311 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Ramnath Kumar S/o Chanrik Rai Resident of village Sabalpur Gulmehia Chak PS Didarganj District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-08-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Excise (Sadar) P.S. Case No. 144 of 2024 dated 20.06.2024 registered for the offence(s) punishable under Section(s) 30(a) of Bihar Prohibition & Excise Act.

3. Mr. Arvind Kumar Pradhan, learned counsel for the petitioner submits that the instant matter relates to the recovery of 1056 litres of illicit beer which is said to have been recovered from a pick-up vehicle and the petitioner was apprehended from the said vehicle in the capacity of driver but in fact the petitioner had no knowledge about the alleged beer being loaded in the vehicle and he was simply discharging his duty as a driver on the direction of the vehicle's owner, namely, Hariom Kumar. It is further submitted that petitioner has been

Patna High Court CR. MISC. No.53311 of 2024(2) dt.07-08-2024 2/2 languishing in jail since 21.06.2024 having fair and clean antecedent and he is an indigent person and livelihood of his family depends on his profession.

4. Mr. Parmanand Kumar, learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's plea that he was simply discharging his work as a driver when he was apprehended with the alleged vehicle from which alleged illicit beer was recovered and also taking into account his fair and clean antecedent, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail in connection with Excise (Sadar) P.S. Case No. 144 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T