Surendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26668 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== SURENDRA BHAGAT Son of Ram Lal Bhagat Resident of Village - Ranipur, Ward No.2, P.S.- Kateya, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2022 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 sections 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 18 litres of liquor is said to have been recovered from a bag on the motorcycle of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession or his motorcycle. He has been falsely implicated in the case because of his antecedents. He is in custody since 9.1.2021 and chargesheet has been submitted in

Patna High Court CR. MISC. No.26668 of 2021(3) dt.10-01-2022 2/2 the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has a number of antecedents under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Kateya P.S. Case no.10 of 2021 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 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Gopalganj.

(Partha Sarthy, J) Saurabh/- U T