Patna High Court - Orders
Gurprit Singh @ Lali vs The State Of Bihar on 9 November, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45720 of 2021
Arising Out of PS. Case No.-137 Year-2021 Thana- AMAS District- Gaya
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Gurprit Singh @ Lali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Arun, Advocate.
For the Opposite Party/s : Mr. Vikash Kumar, SC-11.
Mr. Sanjay Kumar Singh, APP.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
18 09-11-2022Heard Mr. Arun, learned counsel appearing on behalf of the petitioner and Mr. Vikash Kumar, learned SC-11 and Mr. Sanjay Kumar Singh, learned APP for the State.
Vide order dated 17.05.2022, the petitioner was released on provisional bail with a condition that the petitioner is required to file an affidavit giving details of the owner of the vehicle, as to how he is connected with the trade of liquor, name of the person for whom he was working and where the liquor was to be transported.
Learned counsel appearing on behalf of the petitioner submitted that in compliance of the order dated 17.05.2022, a supplementary affidavit annexing affidavit duly sworn by the petitioner during the period of custody before Notary Public giving details about owner of the vehicle and the persons on whose instance he was transporting the alleged seized liquor has been filed on his behalf.
Patna High Court CR. MISC. No.45720 of 2021(18) dt.09-11-2022 2/3 From perusal of the affidavit, it appears that the petitioner has given detailed information regarding the owner of the vehicle and the person engaged in illicit trade of liquor. Petitioner has clean antecedent, is a poor driver, is in custody since 11.06.2021 and was released on provisional bail by this Court vide order dated 17.05.2022. Provisional bail granted to the petitioner is confirmed on similar terms and conditions as contained in order dated 17.05.2022.
Accordingly, the present bail application stands disposed of.
Mr. Vikash Kumar, learned SC-11 informs that several reports have been submitted by the State Government which gives information about the measures taken by the State Government to check smuggling on the basis of mechanism which has been adopted by the smugglers. In the present case, the report reveals that huge quantity of liquor have been carried in garb of certain GST goods on the basis of E-way bill generated with respect to such goods. The State government is taking all sincere efforts to implement prohibition in its true spirit and in view of the direction of this Court passed in Cr. Misc. No. 14308 of 2022 (Niraj Singh @ Niraj Kumar Singh v. The State of Bihar) this Court has referred the matter before Patna High Court CR. MISC. No.45720 of 2021(18) dt.09-11-2022 3/3 Hon'ble the Cheif Justice to take cognizance of the issue on his judicial side for instituting Public Interest Litigation in the larger public interest. The records of the present case may be placed along with Cr. Misc. No. 14308 of 2022 (Niraj Singh @ Niraj Kumar Singh v. The State of Bihar).
In view of the submission made by Shri Vikash Kumar, learned SC-11, the Registrar, List and Computer is directed to place the record of the present case along with the records of Cr. Misc. No. 14308 of 2022 (Niraj Singh @ Niraj Kumar Singh v. The State of Bihar).
(Purnendu Singh, J) mantreshwar/-
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