Bhim Singh v. The State of Bihar
Case at a glance
- Bench
- RUDRA PRAKASH
Provisions considered
- Indian Penal Code, 1860 ss. 34, 120(B), 420, 467, 468
- Code of Criminal Procedure, 1973 s. 100
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Ms. Seema Ghazala, Adv. Ms. Dr. Indiwar Kumari, APP ORAL ORDER 2 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Jamhor P.S. Case No. 120 of 2021 instituted for the offences under Sections 420, 467, 468, 120(B)/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition “Amendment” Act, 2018.
As per prosecution case, the police, on receipt of secret information, intercepted a Tata Truck bearing Registration No. HP71-8769 and apprehended the petitioner (co-driver) and another co-accused Ajay Kumar (Driver). On search, altogether
3518.640 liter illegal liquor was recovered from the truck.
Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.7790 of 2024(2) dt.15-02-2024 petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is a co-driver of the truck, in question, and was not aware of the contents of the material loaded in the truck. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a violation of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution story. The petitioner is languishing in judicial custody since 31.08.2021.
Learned counsel for the petitioner again submits that the driver of the truck namely Ajay Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 25374 of 2023.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.7790 of 2024(2) dt.15-02-2024 below/concerned Court in connection with Jamhor P.S. Case No. 120 of 2021. (Rudra Prakash Mishra, J) rishi/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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