Kishan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74592 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Kishan Lal S/O Gena Ram Resident Of- 53 Kio Ki Thani, P.S.- Ramsar, District- Badhmer, 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.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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)(b), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 9270 litres of IMFL from a Truck bearing Reg. No. RJ-04GB6100. Petitioner is alleged to be driver of the aforesaid Truck.

Patna High Court CR. MISC. No.74592 of 2023(2) dt.02-12-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the seized illicit liquor. He is driver of the aforesaid Truck and having no knowledge about the illicit liquor, laden in the Truck. Owner of the Truck was also in the seized Truck. Nothing incriminating article has been recovered from the conscious possession of petitioner. Moreover, petitioner is languishing in judicial custody since 04.08.2023. 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

Patna High Court CR. MISC. No.74592 of 2023(2) dt.02-12-2023 3/3 to the satisfaction of the learned Exclusive Special Excise Judge III, East Champaran, Motihari in connection with Pipra P.S. Case No. 234 of 2023.

(Sunil Kumar Panwar, J) Nirajkrs/- U T