Sunil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83052 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- SARAI District- Vaishali ====================================================== SUNIL S/o Norang Lal R/o Village-Dhani Dholika Kua, Ward No.6, P.SLohru, District-Bhiwani, District-Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420 and 120B of the IPC and 30(c) (d), 32(a)(ii)(iii) of Bihar Prohibition and Excise Act, 2018. 3.

Allegedly, 481 cartons of foreign liquor bottle caps of Mcdwell Whisky weighing 5772 kg, mobiles, one Kotak Fast Tags, Aadhar card and copy of Eway bill were recovered from Container bearing Reg. No.HR-61-C-6168 and driver was apprehended on spot.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. Petitioner has been made accused in this case as he is the employee of the said Transporter and the seized Fast Tag card

Patna High Court CR. MISC. No.83052 of 2023(2) dt.08-01-2024 2/2 was in the name of the petitioner. One Vinod Kumar is the owner of the said Container and he loaded the container in AGICLOZURS Company and Shaym Ji given Builty of the said goods loaded on 18.08.2023 from Hyderabad to Jalpaiguri, West Bengal. He enclosed the E-Way Bill of the goods and other documents at Annexure-P/2 of the bail petition. It is further submitted that no liquor was recovered from the said Container. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the valid E way Bill was available in the Container, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sarai P.S. Case No.217 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T