Hari Om Saini v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71649 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Hari Om Saini Son of Punnilal Saini Resident of Village- Kaimri, P.S.- Kaimri, District- Rampur (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 272, 273, 468, 467, 471 of the I.P.C. and Section 30(a), 36, 41(1) of Bihar Prohibition and Excise Act. 38637 liters of foreign liquor has been recovered from a truck, of which, this petitioner was driver and apprehended on spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner, being driver, was unaware about the nature of consignment and was simply following the instruction of owner. Petitioner claims clean antecedent and he is in custody since 12.06.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.71649 of 2021(2) dt.08-03-2022 2/2 Considering the nature of allegation, clean antecedent and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Court, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 125 of 2021.

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