Bhawar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1269 of 2025 Arising Out of PS. Case No.-370 Year-2024 Thana- JOKIHAT District- Araria ====================================================== Bhawar Lal S/o- Bhagu Ram Village- Pipla Tokra Pipla Thana Ps- Shivpur Dist- Bhilwara Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jokihat P.S. case No. 370 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 4275.36 liters liquor was recovered from Tata truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case and charge has also been framed. The petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.1269 of 2025(2) dt.21-01-2025 2/3 liquor. It is submitted that petitioner is said to be driver of the truck in question. The truck in question does not belong to the petitioner. The petitioner is in custody since 23.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused, who was cleaner of the truck in question, has been granted bail by this Bench vide order dated 16.01.2025 passed in Cr. Misc. No. 89897 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jokihat P.S. case No. 370 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.1269 of 2025(2) dt.21-01-2025 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T