Facts of the Case

The petitioner, Niraj @ Niraj Kumar, sought regular bail after being arrested in connection with Jagadishpur P.S. Case No. 531 of 2021. The prosecution alleged that 666 litres of foreign liquor were recovered from a truck bearing registration number UP 92T 7117.

The petitioner had been in judicial custody since 20 December 2021. According to the prosecution, the truck was transporting liquor concealed along with GST goods. The petitioner contended that he was only the Khalasi (helper) of the truck, while the vehicle belonged to another person. He further asserted that he had no knowledge regarding the liquor allegedly loaded inside the truck and possessed a clean criminal antecedent. The charge-sheet had already been filed.

Issues Involved

  1. Whether a truck Khalasi, against whom there was no specific allegation of knowledge or involvement in transporting illicit liquor, was entitled to regular bail.
  2. Whether continued custody was justified after filing of the charge-sheet and in the absence of criminal antecedents.
  3. Whether the allegations primarily against the truck owner justified granting bail to the petitioner.

Petitioner's Arguments

  • The petitioner submitted that he was merely working as the Khalasi of the truck.
  • The truck belonged to another individual, namely Deepak, and not to the petitioner.
  • He had no knowledge that liquor had been concealed along with legitimate GST goods.
  • The petitioner had no criminal antecedents.
  • He had remained in custody since 20 December 2021.
  • Since the investigation had concluded and the charge-sheet had already been submitted, further detention was unnecessary.

Respondent's Arguments

  • The State opposed the grant of bail.
  • It relied upon the recovery of 666 litres of foreign liquor from the truck and resisted the petitioner's release.

Court Order / Findings

The Patna High Court considered the FIR, the materials available on record, and the rival submissions.

The Court observed that:

  • The petitioner was only the Khalasi of the truck.
  • The specific allegations were primarily against the truck owner.
  • The petitioner had clean antecedents.
  • He had remained in custody since 20 December 2021.
  • The charge-sheet had already been filed, reducing the necessity for continued detention during investigation.

Considering these factors, the Court held that the petitioner deserved the benefit of regular bail.

The Court directed that the petitioner be released on bail upon furnishing a bail bond of ₹25,000 with two sureties of the like amount, subject to conditions including:

  • Sureties must be local persons possessing sufficient immovable property within the jurisdiction of the concerned Court.
  • The petitioner shall cooperate in the trial and remain properly represented on every date.
  • If the petitioner tampers with evidence or influences witnesses, the prosecution may seek cancellation of bail.
  • If the petitioner is found involved in a similar offence after release, the trial court shall take steps for cancellation of bail.

Important Clarification

  • Mere employment as a truck Khalasi, without specific material showing knowledge or participation in transporting contraband, was considered a relevant factor while deciding the bail application.
  • Filing of the charge-sheet, absence of criminal antecedents, and prolonged custody weighed in favour of granting bail.

The Court clarified that the grant of bail remained subject to strict compliance with the imposed conditions, and violation could result in cancellation of bail.

Sections Involved

  • Section 272 of the Indian Penal Code, 1860
  • Section 273 of the Indian Penal Code, 1860
  • Section 420 of the Indian Penal Code, 1860
  • Section 467 of the Indian Penal Code, 1860
  • Section 468 of the Indian Penal Code, 1860
  • Section 471 of the Indian Penal Code, 1860
  • Section 120B read with Section 34 of the Indian Penal Code, 1860
  • Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785403072_2375compressed.pdf

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