Wakil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69322 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== WAKIL KUMAR S/O Sudama Yadav R/O Village- Gopalpur, P.S- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 179 of 2022, registered for the offence punishable under Section 414, 467, 468, 420, 120(B) read with Section 34 of the Indian Penal Code, 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 720 liters of illicit liquor from a Scorpio vehicle, which was being driven by the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.69322 of 2022(2) dt.08-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 22.8.2022. The learned counsel for the petitioner has further submitted that the petitioner is merely the driver of the vehicle in question, hence, he was not knowing about the consignment loaded in the said vehicle, thus, the petitioner is not having any complicity in the matter.

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 period of incarceration of the petitioner herein, apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner

Patna High Court CR. MISC. No.69322 of 2022(2) dt.08-02-2023 3/3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge IV-Cum Exclusive Special Excise Court-II, Gopalganj in connection with Gopalpur P.S. Case No. 179 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T