Dalchand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69140 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Dalchand, aged about 25 years, Male, son of Ram Gopal Singh, Resident of village- Lalner, P.S.- Pahasu, District- Buland Shahar (U.P.). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Dwivedi For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Guthani P.S. Case No. 117 of 2019 registered for the offence punishable under Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner is that a total quantity of 3170 liters 880 ml of illicit liquor has been recovered from a truck being driven by the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the driver of the truck in question. Learned counsel further submits that the petitioner has got no criminal antecedent and the co-driver namely, Dharam Singh @
Patna High Court CR. MISC. No.69140 of 2019(2) dt.04-12-2019 2/2 Dharam has been granted bail by this court vide Cr. Misc. No. 76313 of 2019. Learned counsel submits that petitioner is in custody since 25.07.2019.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and the co-driver has been granted bail by this court vide Cr. Misc. No. 76313 of 2019, I am inclined to enlarge the petitioner on regular bail.
Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Siwan in connection with Guthani P.S. Case No. 117 of 2019.
(Anil Kumar Sinha, J) praful/- U T