Nitish Kumar And Ors vs State Of Jharkhand

Heard learned counsel for the petitioner and learned A.P.P for the State through Video Conferencing.

There are two surviving defects to be removed, as per the office report dated 03.03.2020. However, learned counsel for the petitioner at the outset submits that he has filed seizure list which is enclosed to the record and thereby defect no. 9(i) has been removed. It is further submitted that alias name of the petitioner no. 2 has been incorporated in the body of the petition which matches with the execution in the vakalatnama. Therefore, defect no. 9(iii) may be ignored.

Having regard to the submission made by the learned counsel for the petitioners, defect appears to have been removed.

Petitioners have been made accused in connection with Pachamba P.S. Case No. 169/2019 corresponding to T.R. No. 2268/2020 for the offences registered under sections 272/273/120(B) of the Indian Penal Code and section 47(a) of the Excise Act, pending the Court of learned Chief Judicial Magistrate, Giridih.

Learned counsel for the petitioners submits that petitioners are the driver and khalasi of the vehicle bearing registration no. JH-10AP-1247 which are alleged to have been carrying 40 cartoons of English Wine from Govindpur, Dhanbad to Munger in Bihar. He submits that though, petitioners have no knowledge of the consignment and had named two persons who had entrusted them with the task of transporting the consignment namely, Salman Khan and Bijay Jha, but police has not investigated their role and charge sheet have been submitted against the petitioners only and the role of the owner of the vehicle has also not been investigated. Petitioners are in custody since 03.12.2019 and there is no case of spurious liquor made out against them. They have no criminal antecedent. Therefore, they may be enlarged on bail.

Learned A.P.P has opposed the prayer. He submits that the illegal consignment of 40 cartoons of English Wine was seized from the vehicle being driven by the petitioner no. 1 along with the petitioner no. 2. They were indulged in illegal transportation of English Wine from Govindpur, Dhanbad to Munger in Bihar where there is prohibition. Petitioners have also confessed their crime. Therefore, their prayer should not be allowed.

I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances of the case. Having regard to the fact that the petitioners claim to be the driver and khalasi of the vehicle and are said to have no criminal antecedent and they are in custody since 03.12.2019, I am inclined to enlarge them on bail. Let both the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Pachamba P.S. Case No. 169/2019 corresponding to T.R. No. 2268/2020, subject to the condition that the petitioners and their bailors shall not change their address and mobile number without permission of the learned Trial Court.