Shyam Lala Thakur @ Shyam Lal Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67839 of 2021 Arising Out of PS. Case No.-282 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== 1.
Shyam Lala Thakur @ Shyam Lal Thakur Son of Anutha Thakur Resident of Village- Kachaharipur, P.S.- Sonvarsha, District- Sitamarhi. 2.
Madesh Mahto Son of Ram Naresh Mahto Resident of Village- Mahanpur, P.S.- Bhutahi, District- Sitamarhi.
3.
Dimple Gupta @ Bimpal Gupta Son of Chandra Shekhar Gupta Resident of Village and P.S.- Dairy Farm, Mayur Bihar, District- Delhi (Delhi). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners seek bail in Mairwa P.S. Case No. 282 of 2021, registered for the offence punishable punishable under Sections 420, 467, 468, 414 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 638 litres of foreign liquor has been recovered from two vehicles and these petitioners were apprehended on the spot.
It is submitted that no recovery has been made from conscious possession of the petitioners. Petitioners no. 1 and 3
Patna High Court CR. MISC. No.67839 of 2021(2) dt.21-12-2021 2/2 are drivers and petitioner no. 2 is co-passenger. Petitioners were simply driving the vehicle and were not aware about the nature of consignment and they have got no concern with the seized liquor. Petitioners are in custody since 12.09.2021 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 petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum-Special Judge Excise, Siwan in connection with Mairwa P.S. Case No. 282 of 2021.
(Prabhat Kumar Singh, J) vinita/- U T