Mahavir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19349 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Mahavir Singh Son of Manjeet Singh Resident of Village- Tera Khurd, P.S. Chander, District-Amritsar(Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

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

Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sahbepur Kamal P.S. Case No. 18 of 2018 registered for the offence punishable under Sections 420, 467, 468, 414, 279, 304(A), 304, 120(B) of the Indian Penal Code and Sections 30(a), 32, 27, 41(1) of Bihar Excise and Prohibition Act, 2016.

Informant is the Police Sub-Inspector, who in his self statement has stated that on 26.01.2018 at about 22.30 he alongwith other police personnel proceeded for patrolling. During patrolling duty they apprehended a truck which was carrying rice and 3393 litres of foreign liquor was recovered.

Patna High Court Cr.Misc. No.19349 of 2018(3) dt.05-09-2018 2/3 Petitioner who tried to flee away from the truck but was apprehended.

It has been submitted on behalf of the petitioner that petitioner is only driver and he has no knowledge that liquor has been kept alongwith the rice in the truck. It has been further submitted that co-accused persons namely, Baudhu Kumar, Vikash Kumar have already been granted bail by a coordinate Bench of this Court vide order dated 13.03.2018 passed in Cr. Misc. NO. 14247 of 2018 and other co-accused persons namely, Moni Singh, Ram Sevak Singh, Bittu Kumar, Birbal Yadav and Randhir Kumar have been granted bail by a coordinate Bench of this Court vide order dated 03.05.2018, 24.05.2018, 20.06.2018 and 11.07.2018 passed in Cr. Misc. No. 27234 of 2018, Cr. Misc. No. 30748, Cr. Misc. No. 34358 of 2018 and Cr. Misc. No. 39436 of 2018. Petitioner has no criminal antecedent and he is in custody since 28.01.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.19349 of 2018(3) dt.05-09-2018 3/3 Act, Begusarai, in connection with Sahbepur Kamal P.S. Case No. 18 of 2018.

(S. Kumar, J) veena/- U T