The court allowed bail to two petitioners charged with offences under the IPC and Bihar Prohibition and Excise Act. They were drivers unaware of illegal liquor in a truck. Bail granted onRs.10,000 each.
Both petitioners enlarged on bail on furnishing bond of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55347 of 2017
Arising Out of PS. Case No.-162 Year-2017 Thana- PIPRAKOTHI District- East Champaran
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... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Sri Abhishek Kumar For the Opposite Party/s : Sri Ganesh Prasad Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 17-11-2017
Heard Sri Abhishek Kumar, learned counsel for the petitioners and Sri Ganesh Prasad Singh, learned Additional Public Prosecutor.
Two petitioners, having similar name with different parentage namely: Lakhindra Rai S/o Sheonandan Rai and Lakhindra Rai S/o Late Jagdish Rai, who are in custody since 12.08.2017 having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, have prayed for grant of bail in Piprakothi P.S. Case No. 162 of 2017, registered for the offence under Section 272, 273, 414/34 of the Indian Penal Code, 1860 and section 30(a) of the Bihar Prohibition And Excise Act , 2016.
It was submitted by learned counsel for the petitioners that both petitioners were driver and assistant driver of a truck , which was being driven by the petitioners and loaded with carpet. The petitioners were not having any knowledge as to whether in the said
Patna High Court Cr.Misc. No.55347 of 2017(2) dt.17-11-2017 2/2
truck illegal liquors were kept, but only after interception petitioners noticed that in the vehicle there were huge quantity of Indian make foreign liquors and both petitioners were arrested. It has been reiterated that petitioners are innocent and they were driver and assistant driver and they were not having any knowledge about concealment of such huge quantity of liquor in the truck.
Besides hearing, I have perused the materials available on record.
Considering the nature of accusation , clean antecedent of petitioners as well as period of custody, let both the petitioners: Lakhindra Rai , S/o Sheonandan Rai and Lakhindra Rai , S/o Late Jagdish Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, East Champaran / concerned court in connection with Piprakothi P.S. Case No. 162 of 2017 .
(Rakesh Kumar, J)
praful/-
U T
1 issue framed by the court
Whether bail can be granted to two drivers arrested for alleged illegal liquor carriage.
5 provisions across 2 enactments
Lakhindra Rai, S/o Sheonandan Rai
Lakhindra Rai, S/o Late Jagdish Rai
The State Of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
