Joginder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75288 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- Shivnarayanpur District- Bhagalpur ====================================================== Joginder Singh Son of Paramjeet Singh Resident of village House No 10731, Street No. 8, Near Military Camp Kot Mangal Singh, Janta Nagar, PS- Janta Nagar , District -Ludhiana, State- Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shivnarayanpur P.S. Case No. 87 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 6358.68 litre illicit foreign liquor from the truck bearing Regd. No. RJ31GA-4033.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the driver of the alleged truck but, is not the

Patna High Court CR. MISC. No.75288 of 2024(2) dt.22-10-2024 2/3 owner of the alleged truck. The petitioner was not aware of the contents of the material loaded in the truck. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has never indulged in the sale and purchase of the illicit liquor. The petitioner has no criminal antecedent and is languishing in judicial custody since 04.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shivnarayanpur P.S. Case No. 87 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family

Patna High Court CR. MISC. No.75288 of 2024(2) dt.22-10-2024 3/3 members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T