← Library
Patna High CourtCR. MISC./53829/2024bail granted

Shankar Rai v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53829 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- TISIAUTA District- Vaishali ====================================================== Shankar Rai S/o Bali Rai R/o village-Sabalpur, P.S.-Sonepur, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Tisiauta P.S. Case No. 47 of 2024 registered under Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 107.28 litres country made liquor has been recovered from a vehicle. This petitioner is alleged to be driver of said vehicle.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely because he happens to be driver of seized vehicle. Further submission is that nothing has been recovered from the conscious possession of the petitioner. Petitioner is merely driver and he was not aware about nature of

Patna High Court CR. MISC. No.53829 of 2024(3) dt.13-09-2024 2/2 consignment kept in the vehicle. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Prohibition Court-II-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 47 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T