Amardeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57189 of 2022 Arising Out of PS. Case No.-324 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Amardeep Singh Son of Jugraj Singh, Resident of Village- Asal, P.S- Patti, District- Tarantar (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Warsaliganj P.S. Case No. 324 of 2022 registered for the alleged offences under Sections 30(a), 41 of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, the police received secret information about involvement of 9-10 persons in illegal trade of liquor at village Apsadh. A raid was conducted by the police at the said place and the co-accused persons namely Manoj Kumar @ Lalit Singh and Suraj Kumar were apprehended. Recovery of 576 liters of India Made foreign liquor was made

Patna High Court CR. MISC. No.57189 of 2022(2) dt.19-11-2022 2/3 from the cowshed of co-accused Manoj Kumar @ Lalit Singh. This co-accused also disclosed the name of petitioner who is the driver of the truck by which the aforesaid liquor was supplied. The police traced the location of the petitioner and apprehended him. From his possession 1.5 liters of India Made foreign liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner has no concern with the liquor recovered from the cowshed of co-accused Manoj Kumar @ Lalit Singh. The petitioner is in custody since 02.07.2022 and charge-sheet has been submitted in this case. The petitioner has got no criminal history. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the charge-sheet has been submitted in this case and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.57189 of 2022(2) dt.19-11-2022 3/3 the satisfaction of learned Exclusive Special Excise Court-II, Nawada in connection with Warsaliganj P.S. Case No. 324 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T