Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6150 of 2023 Arising Out of PS. Case No.-361 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Sanjay Sah Son Of Late Ashok Sah R/O Village - Bhatwaliya, P.S. - Manjhagarh, District - Gopalganj.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 252 litres of country made liquor from a car bearing registration number WB-06F-6813. Petitioner is alleged to be driver of the aforesaid vehicle.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. He has no concern

Patna High Court CR. MISC. No.6150 of 2023(2) dt.10-04-2023 2/3 with the alleged recovery. Nothing incriminating has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 17.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P. vehemently opposed the prayer of bail and submitted that petitioner is the driver of the vehicle from which the illicit liquor has been recovered.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Excise, Gopalganj in connection with Manjhagarh P.S. Case No. 361 of 2022.

Patna High Court CR. MISC. No.6150 of 2023(2) dt.10-04-2023 3/3 The petitioner is directed to deposit a sum of Rs. 30,000/-(RupeesThirty Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) nirajkrs/- U T