Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26559 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== SANJAY SAH S/o Kamli Sah Resident of Village- Vishwakarma Nagar, Pakrail, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, 14 litres of country liquor was recovered from a motorcycle and one Ajay Kumar was taken into custody. The petitioner was also made an accused in view of the fact that he happens to be the registered owner of the said vehicle.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case on account of being the owner of the motorcycle. The
Patna High Court CR. MISC. No.26559 of 2021(2) dt.26-11-2021 2/2 petitioner is in custody since 6.1.2021 and chargesheet has been submitted in the case The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R. together with the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Maheshkhunt P.S. Case no. 141 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Khagaria.
(Partha Sarthy, J) Bibhash/- U