Devendra Singh @ Davindra Singh @ Davender Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67236 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DEVENDRA SINGH @ DAVINDRA SINGH @ DAVENDER SINGH Son of Late Man Singh Resident of village - Jind, Bhatnagar Colony, Rohtak Road, P.S.- Jind, District - Jind (Haryana), Pin - 126102 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Town P.S. Case No. 271 of 2022, for the offence registered under Section 120(B) of the Indian Penal Code and Sections 30(a) and 32(2) of Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 1604.475 litres of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

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

Patna High Court CR. MISC. No.67236 of 2022(2) dt.08-02-2023 2/3 is languishing in custody since 11.05.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused only in one another case but he is on bail in the said case. The learned counsel for the petitioner has also submitted that since the petitioner is driver of the truck in question, he was not aware of the consignment loaded on the said truck, hence the petitioner cannot be saddled with the liability of the illicit liquor recovered from the truck in question.

Per contra, the learned A.P.P. 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 period of incarceration of the petitioner herein, apart from the fact that the petitioner is merely the driver of truck in question, I deem it fit and proper to admit the petitioner to the privilege of bail.

Patna High Court CR. MISC. No.67236 of 2022(2) dt.08-02-2023 3/3 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 satisfaction of learned Exclusive Excise Judge-I, Begusarai in connection with Town P.S. Case No. 271 of 2022. (Mohit Kumar Shah, J) S.Sb/Saurav U T