Azad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31489 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== AZAD SAH Son of Son of Ramsubhag Sah @ Ramsubhag Shah Resident of Village - Badheya @ Badhaiya, P.S. Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey no.5, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2021 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, 208 litres of liquor is stated to have been recovered from a car being driven by this petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or his vehicle. He has been falsely implicated in this case. He has no criminal antecedent and is in custody since 3.2.2021. Charge sheet has been submitted in the case. Heard learned APP for the State.

Patna High Court CR. MISC. No.31489 of 2021(2) dt.10-12-2021 2/2 Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and being in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Phulwariya P.S. Case no. 32 of 2021 ( G.R. no. 73 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 Additional District and Sessions Judge II-cum-Special Judge, Excise, Gopalganj. (Partha Sarthy, J) Prakash/- U