Gulab Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81666 of 2024 Arising Out of PS. Case No.-323 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Gulab Singh son of Nirmal Singh village- Baradaha Basti, Ward no. 93, PsBaliyapur, Dist- Dhanbad Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Excise PS Case No. 323 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 576 litres of foreign liquor was recovered from pick-up van. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the vehicle in question and he has no knowledge regarding the nature of goods laden in the
Patna High Court CR. MISC. No.81666 of 2024(2) dt.22-11-2024 2/2 vehicle. The petitioner is in custody since 19.09.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 323 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T