The Patna High Court allowed a bail application filed by a tempo driver charged with smuggling foreign wine under the Bihar Prohibition and Excise Act, 2016, granting bail on bond conditions.
Bail granted on furnishing Rs. 50,000 bond with two sureties of the like amount and executing an affidavit of innocence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12227 of 2022
Arising Out of PS. Case No.-11 Year-2022 Thana- BISHWAMBHARPUR DistrictGopalganj
====================================================== GOPAL PASWAN S/o Lakhendra Paswan @ Lakhindra Paswan R/o villageRajadih, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Satyendra Rai, Advocate. For the Opposite Party/s : Mr.Surendra Prasad Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 06-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Vishambharpur P.S. Case No. 11 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
As per the allegation made in the FIR, total 198.180 liters of foreign wine was alleged to be recovered. As per FIR, the present petitioner is the tempo driver.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The tempo belongs to another person and the owner of tempo has directed him to visit at particular place. He further submits that petitioner is in custody since 22.01.2022, charge sheet has already been filed in this case and petitioner has clean antecedent.
Learned A.P.P. opposes the prayer for bail.
In the present facts and circumstances of the case that the charge sheet has already been filed in this case and petitioner
Patna High Court CR. MISC. No.12227 of 2022(2) dt.06-07-2022 2/2
is in custody since 22.01.2022 having clean antecedent, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV cum Special Excise Court-II, Gopalganj in connection with Vishambharpur P.S. Case No. 11 of 2022 , subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Accordingly, the bail application stands disposed of.
(Dr. Anshuman, J.)
ravishankar/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in FIR case under Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Gopal Paswan
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
