Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69417 of 2021 Arising Out of PS. Case No.-230 Year-2021 Thana- PIPRA District- East Champaran ====================================================== SURENDRA SINGH Son of - Mewa Singh Resident of Village - Laduwa, P.S. - Sadar Hisar, Dist. - Hisar (Haryana).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pipara P.S. Case No. 230 of 2021 for the offence registered under Sections 272, 273, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the police force having intercepted a truck and upon search 2214 litres of illicit foreign liquor was recovered and two persons were arrested from the spot who are stated to be the driver and the cleaner of the truck in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.69417 of 2021(2) dt.08-06-2022 2/3 present case, is having a clean antecedent and he is languishing in custody since 31.08.2021. The learned counsel for the petitioner has submitted that the petitioner is merely the driver of the truck in question and he is neither the owner of the truck in question nor the owner of the illicit liquor. It is also submitted that the petitioner was not knowing about the freight loaded on the said truck by the owner of the goods, hence he cannot be saddled with the liability of the illicit liquor recovered from the truck in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is the driver of the truck in question and not the owner apart from the fact that he is having a clean antecedent and is languishing in custody since 31.08.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69417 of 2021(2) dt.08-06-2022 3/3 satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge Excise, East Champaran at Motihari in connection with Pipara P.S. Case No. 230 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T