Pargat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69542 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== PARGAT SINGH S/o Dilbag Singh R/o - Saidpur kalan, P.S.- Bhindi Maidan, Distt- Amritsar Punjab.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 244 of 2022, registered for the offences punishable under Sections 420, 467, 468 and 120-B of the Indian Penal Code and Sections 30(a), 32(i)(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding police having apprehended a truck and on search huge quantity of illicit Indian made foreign liquor was recovered. The driver of the said truck was apprehended and

Patna High Court CR. MISC. No.69542 of 2022(2) dt.09-02-2023 2/3 he had disclosed that the liquor was to be delivered to four persons and one of them is one Sunil Kumar, whereafter he had given their mobile numbers and on the said basis the other four accused persons have also been implicated in the present case.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.10.2022. The learned counsel for the petitioner has further submitted that the petitioner is merely the driver of the truck in question, hence he was not knowing about the consignment loaded on the truck in question, thus he is not liable for 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

Patna High Court CR. MISC. No.69542 of 2022(2) dt.09-02-2023 3/3 petitioner and taking into account the materials available on record as also considering the fact that neither the truck in question belongs to the petitioner nor the petitioner is owner of the truck in question, I deem it fit and proper to admit the petitioner to the privilege of bail.

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 Special Excise Court No.1cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 244 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T