Babul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69801 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- BAISI District- Purnia ====================================================== BABUL KUMAR S/O NAGESHWAR PRASAD YADAV @ NAGO YADAV Resident of Adarsh Nagar, Ward No. 08, P.S. and District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ramchandra Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard Mr. Ajay Kumar Jha, learned counsel for the petitioner and Mr. Ramchandra Singh, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Baisi P.S. Case No. 229/2021 giving rise to Special Excise Case No. 250/2021 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 484, 272, 273 of the Indian Penal Code 1860 and Section 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.
The allegation, as per the First Information Report, is that a total quantity of 142.530 litres of illicit foreign liquor was recovered from the Scorpio vehicle which was being driven by the petitioner.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.69801 of 2021(2) dt.24-05-2022 2/2 petitioner was not the owner of the vehicle and was plying the same on the instruction of its owner and he was not aware about the illicit liquor being kept therein. The petitioner is in custody since 9.8.2021 having no criminal antecedent and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 9.8.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea, in connection with Baisi P.S. Case No. 229/2021 giving rise to Special Excise Case No. 250/2021.
(Anil Kumar Sinha, J) S.Ali/- U T