Patna High CourtCR. MISC./78495/2019bail granted

Mahesh Prajapati v. The State Of Bihar

2020-03-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78495 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- GUTHANI District- Siwan ====================================================== 1.

Mahesh Prajapati, male, aged about 35 years, Son of Jay Pal Prajapati Resident of Village-Basala, P.S-Heyat Nagar, District-Sambal (U.P). 2.

Ekram Hussain, male, aged about 30 years, Son of Aibaj Hussain Resident of Village-Sawaspur, P.S-Nakasa, District-Sambal (U.P). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-03-2020 The petitioners, who claimed to be driver and cleaner of the truck in question, seek bail in connection with Guthani P.S. Case No. 146 of 2019, dated 12.09.2019, instituted for the offences under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code as well as Sections 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act.

Approximately 6 thousands litres of liquor is said to have been recovered from the truck which was being driven by the petitioners. It has been submitted on behalf of the petitioners that they were given the

Patna High Court CR. MISC. No.78495 of 2019(3) dt.16-03-2020 2/2 impression that wheat flour has been loaded on the vehicle. The petitioners have got no concern with the consignment of liquor which is said to have been recovered.

No other case apart from this has been lodged against the petitioners in the past. The petitioners are in custody since 13.09.2019.

Regard being had to the aforestated facts, petitioners are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Siwan in connection with Guthani P.S. Case No. 146 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) GAURAV S./- skm U T