Allowed

Gurjit Singh v. The State of Bihar

Patna HC22 Jul 2022CR. MISC./11483/2022

Case brief

AI extract

What is this about?

The Patna High Court allowed bail to the petitioner, a vehicle driver, accused of possessing illicit liquor. Relying on his clean record, alleged lack of conscious possession, and completed investigation, the Court ordered release on bail with conditions and a surety.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount, subject to attendance conditions.

Gurjit Singh Vs The State of Bihar — Corruption | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11483 of 2022

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Arising Out of PS. Case No.-329 Year-2021 Thana- OBRA District- Aurangabad

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======================================================

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Gurjit Singh Son Of Satpal Singh Resident Of Village- Sagriya, P.S.- Sagriya, District- Hanumangadh, Rajsthan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 22-07-2022

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Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Obra P.S. Case No. 329 of 2021 registered for the offence under Sections 467, 468 and 469 of the Indian Penal Code and Sections 30(a), 32(ii) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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The accused/petitioner is named in the F.I.R. and is in custody since 22.12.2021.

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The allegation against the petitioner is to have in possession of 5400 liters of IMFL from a truck bearing Registration no. GJ 20V 9888.

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Patna High Court CR. MISC. No.11483 of 2022(3) dt.22-07-2022 2/3

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Learned counsel appearing on behalf of the petitioner submitted that petitioner is the driver of the alleged vehicle and nothing surfaced during the course of investigation, which may suggest that petitioner is aware of the illegal consignment of illicit liquor loaded in the vehicle. It is submitted that recovery of illicit liquor is not from the conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that petitioner is the driver of the alleged vehicle.

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Considering the facts and circumstances as mentioned above, as recovery cannot be said from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Obra P.S. Case No. 329 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.11483 of 2022(3) dt.22-07-2022 3/3

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satisfaction of learned Exclusive Special Excise Judge-II, Aurangabad/concerned Court, subject to the following conditions:

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“(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

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(ii) That one of the bailors shall be Rupinder Kaur, who is the wife of the petitioner and deponent of the present bail petition.”

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(Chandra Shekhar Jha, J)

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Ankit/Shweta/-

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U T

Gurjit Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gurjit Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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