Vijendra @ Vijendra Singh @ Bijender v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79265 of 2019 Arising Out of PS. Case No.-325 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Vijendra @ Vijendra Singh @ Bijender Son of Ramswaroop, Resident of Village - Kasumbhi(51), Police Station - Sadar Bhiwani, District - Bhiwani (State - Haryana).

2.

Sethi Singh @ Seththi Singh @ Setthi Singh Son of Ban Singh, Resident of Village - Guskani, Police Station - Sadar Bhiwani, District - Bhiwani (State - Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Chapra Muffasil P.S. Case No. 325 of 2019 for the offence punishable under Sections 272, 273, 420, 467, 468. 471/34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a TATA 407 vehicle and the petitioners are stated to be the driver and Khalasi of the said vehicle. The learned counsel for the petitioners has submitted that the petitioner have been falsely implicated in the present

Patna High Court CR. MISC. No.79265 of 2019(2) dt.13-01-2020 2/2 case and they were not knowing as to what was being carried in the said truck and further they are neither the owner of the truck nor the transporter of the goods kept in the said truck. It is submitted that the petitioners are having a clean antecedent and are languishing in custody since 28.08.2019. Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioners coupled with the fact that the petitioners are the driver and khalasi of the truck in question and are having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 325 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T