Dhananjay Kumar And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have moved this Court for grant of bail in connection with Koderma P.S. Case No.104 of 2020 registered under sections

420/414/467/468/471/272/273 of the Indian Penal Code and under Section 47 (a) of Excise Act.

The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the drivers of the truck upon which

illegal wine was loaded. It is further submitted that the allegations against the petitioners are all false and the petitioners have no knowledge about the

seized liquor. It is then submitted that the petitioner nos.1 and 2 were the driver and khalasi of the truck bearing registration no.BRL-4088 and

petitioner no.3 is the driver of another truck having same registration number which was empty. It is also submitted that the petitioners have no

knowledge that under the stone chips, illegal liquor was kept by the co-accused- Suraj Yadav who is the owner of the crusher from where stone chips

were purchased by the owner of the truck namely Raushan Singh. It is next submitted that the petitioners have been in custody since 10.07.2020 as

has been mentioned in paragraph no. 11 of the bail application. It is lastly submitted that the petitioners undertake to cooperate with the trial of the

case. Hence, it is submitted that the petitioners be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 25,000/-

(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Koderma, in connection with

Koderma P.S. Case No.104 of 2020 with the condition that the petitioner will cooperate with the trial of the case.