Patna High CourtCR. MISC./16519/2023bail granted

Sachin Pal v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16519 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== SACHIN PAL Son Of Hari Pal Resident Of Village - Amwadiger, P.S. - Barwapatti, Distt. - Kushinagar (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Srinagar P.S. Case No. 180 of 2022, dated 04.12.2022 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 11.880 litres of English Wine and the same is stated to have been made from a motorcycle's dikki and the said motorcycle was found in the possession of this petitioner and as per prosecution the said motorcycle was presumed to be stolen also but in actual neither the said motorcycle nor the seized wine was recovered

Patna High Court CR. MISC. No.16519 of 2023(2) dt.08-05-2023 2/2 from the possession of the petitioner and the same has wrongly been shown as having been recovered from the possession of this petitioner, the petitioner has fair and clean antecedent and he has been languishing in jail since 05.12.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, his young age and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Srinagar P.S. Case No. 180 of 2022.

(Shailendra Singh, J.) maynaz/- U T