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Patna High CourtCR. MISC./5728/2020allowed

Hari Ohm Sah @ Hari Ohm Prasad v. The State Of Bihar

2020-05-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5728 of 2020 Arising Out of PS. Case No.-164 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== HARI OHM SAH @ HARI OHM PRASAD Son of Bhola Sah @ Bhola Prasad Resident of Village-Gorari, P.S-Karakat, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2020 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Karakat P.S. Case No. 164 of 2018 registered for the offences under Section 30(a)/36/56(d) of the Bihar Prohibition and Excise Act, 2016.

In the instant case there is recovery of 907.2 litres of liquor from a magic pickup van.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner is neither the owner nor connected with with the pickup van. From para 9 of the bail petition it is evident that co-accused Arun Pandey has been granted bail. The petitioner is in custody since 20.11.2019.

Patna High Court CR. MISC. No.5728 of 2020(3) dt.13-05-2020 2/2 Considering the fact that the petitioner is in custody since 20.11.2019 and the other co-accused has been granted bail, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing his personal bond to the satisfaction of the Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Karakat P.S. Case No. 164 of 2018 on account of the circumstances prevailing due to lockdown in the wake of Covid-19 pandemic.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T