The Patna High Court granted regular bail to the petitioner, a driver charged with transporting illicit liquor, given his lack of antecedents, submitted charge sheet, and delayed trial due to the pandemic.
The petitioner is released on regular bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40400 of 2021
Arising Out of PS. Case No.-90 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Saran
======================================================
BALMIKI KUMAR @ KALLU S/o Bhagat Rai Resident of Village- Baireya, P.S.- Gopalpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 27-01-2022
Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Filing No.- 2818 / 2021, Reg. No. - 975 / 2021 (arising out of Excise Case No. 90 / 2021) registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per the prosecution report lodged by Excise Officials the Pick Up Van which was being driven by the petitioner was intercepted by Excise Officials and a total quantity of 631.44 liters of illicit foreign liquor has been recovered.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.40400 of 2021(2) dt.27-01-2022 2/2
petitioner is the driver of the said vehicle and he was plying the vehicle at the instance of its owner and was not aware about illicit liquor being kept therein. He next submits that petitioner has got no criminal antecedent, he is in custody since 18-32021, charge sheet has already been submitted and trial is not likely to be concluded due to Covid- 19 pandemic.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid- 19 pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Saran in connection with Filing No.- 2818 / 2021, Reg. No. - 975 / 2021 (arising out of Excise Case No. 90 / 2021).
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the circumstances.
1 provisions across 1 enactments
Balmoi Kumar @ Kallu
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
