Jasraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69667 of 2023 Arising Out of PS. Case No.-697 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Jasraj Son Of Gumna Ram Village- Kapoordih Ps- Gramin Nagar DistBadmer Rajasthan ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 2862 litres of IMFL from a Truck bearing Reg. No. DD-01G9150. Petitioner is alleged to be the driver of the aforesaid Truck.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
Patna High Court CR. MISC. No.69667 of 2023(3) dt.06-12-2023 2/3 has committed no offence. He has no concern with the alleged recovery. It is further submitted that petitioner is temporary driver of the truck in question and was driving the same on the instruction of the owner of the vehicle. He has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 25.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise
Patna High Court CR. MISC. No.69667 of 2023(3) dt.06-12-2023 3/3 Court No. V, Gaya in connection with Barachatti P.S. Case No. 697 of 2023.
(Sunil Kumar Panwar, J) nirajkrs/- U T