Patna High CourtCR. MISC./67532/2021bail granted

Gulab Singh v. The State Of Bihar

2022-02-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67532 of 2021 Arising Out of PS. Case No.-341 Year-2021 Thana- MANJHI District- Saran ====================================================== Gulab Singh S/O Late Mansa Singh R/o Moh/Town/Village- Chunni Khurar, P.S.- Chunni Kallan, District- Phatehganj (Panjab), State- Utter Panjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2022 At the outset, learned counsel for petitioner submitted that supplementary affidavit has already been filed to make correction in the prayer portion wherein instead of 'to the satisfaction of ADJ-II-cum-Special Excise Judge, Saran' inadvertently 'to the satisfaction of ADJ-II-cum-Special Excise Judge, Gopalganj' has been typed.

Let the same be corrected and read as 'to the satisfaction of ADJ-II-cum-Special Excise Judge, Saran'. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Manjhi P.S. Case No. 341 of 2021, registered for the offence punishable punishable under Section 272/273 of the Indian Penal Code and sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2018.

Patna High Court CR. MISC. No.67532 of 2021(4) dt.21-02-2022 2/2 4389.375 litres of illicit liquor has been recovered from a truck of which petitioner was driver apprehended by the police.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner is in custody since 26.09.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Court Excise, Saran in connection with Manjhi P.S. Case No. 341 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T