This oral order grants bail to the petitioner, a truck driver implicated in an illicit liquor case, citing doubtful possession and a clean record. The release is subject to a bond and two sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 and two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63798 of 2024
Arising Out of PS. Case No.-177 Year-2024 Thana- DAUDPUR District- Saran
======================================================
Hakim kumar S/O Dashrath ray R/O Vill Rauza @ rauja P.S. Chapra Town, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 11-09-2024 Heard the parties.
connection with Daudpur P.S. Case No. 177 of 2024 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 954 litres of English wine.
Patna High Court CR. MISC. No.63798 of 2024(2) dt.11-09-2024 2/3
present case being the driver of the truck alleged to be carrying consignment of illicit liquor. It is submitted that nothing surfaced during course of investigation which may suggest prima-facie that the petitioner being the driver was under knowledge for carrying consignment of illicit liquor, therefore it can be said safely that the alleged recovery of illicit liquor was not made from conscious physical possession of the petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
bail.
Patna High Court CR. MISC. No.63798 of 2024(2) dt.11-09-2024 3/3
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Exclusive Special Excise Court, Saran at Chapra /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail on the grounds of doubtful possession and clean antecedents.
2 provisions across 2 enactments
Hakim kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
