Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8337 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Kumar Gaurav Son of Sri Anil Kumar Singh Resident of Village- Panapur Langa, P.S. - Sadar (Hajipur), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and sections 30(a), 38(i)(ii) and 41 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case 501.990 litres of liquor was recovered from the truck and the petitioner was taken into custody.

It is submitted by learned counsel for the petitioner that he is neither the owner nor the driver of the truck and has been taken into custody under a wrong impression. He is in custody since 19.8.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.8337 of 2021(5) dt.16-08-2021 2/2 Having heard learned counsel for the parties and taking into consideration the petitioner having no criminal antecedent and having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Runisaidpur P.S. Case no. 399 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Sitamarhi.

(Partha Sarthy, J) Bibhash U T