Satish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6815 of 2023 Arising Out of PS. Case No.-153 Year-2021 Thana- MAHESI District- East Champaran ====================================================== SATISH Son of Hari Singh Resident of village - Sisana 26/R, Sonipat, P.S.- Kharkhauda, District - Sonipat (Haryana) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 484/34 of the Indian Penal Code and u/s 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of huge quantity of total 4388.75 liters of English liquor from a truck bearing Registration no. UP-12BT-3913.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is neither owner nor driver of the seized vehicle and he has no concern with the alleged recovery of illicit liquor. Neither the petitioner was

Patna High Court CR. MISC. No.6815 of 2023(2) dt.02-05-2023 2/2 apprehended on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been disclosed in this case on the basis of disclosure made by apprehended co-accused persons due to which he has falsely been made accused in this case. Moreover, the petitioner is languishing in judicial custody since 26.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 153 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran at Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T