Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83513 of 2023 Arising Out of PS. Case No.-725 Year-2023 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Golu Kumar Son Of Parmeshwar Singh Resident Of Village- Chandi (English), Ps- Sanjhauli, Distt- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 165.60 litres of IMFL from a Mini Truck kept hidden in box fitted inside the truck. Petitioner, who was driving the said truck was apprehended on spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. He was simply driving the truck at the instruction of the owner without knowledge

Patna High Court CR. MISC. No.83513 of 2023(2) dt.04-01-2024 2/2 about the consignment loaded on truck. After investigation, chargesheet has been submitted in this case against the petitioner so there is no chance of tampering with the evidence. He has got no criminal antecedent and languishing in judicial custody since 27.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, (Excise) II, Kaimur at Bhabua in connection with Kaimur Bhabua Excise P.S. Case No. 725 of 2023.

(Sunil Kumar Panwar, J) sushma/- U