Chhotelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18817 of 2020 Arising Out of PS. Case No.-126 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== 1.

Chhotelal Sah, S/o Late Baidhnath Sah Resident of Parsurampur ward no.13, P.S.-Parsauni, District-Sitamarhi.

2.

Shravan Kumar, S/o Shankar Mahto Resident of Parsurampur ward no. 06, P.S.-Parsauni, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2020 Heard Mr. Virendra Kumar, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned counsel appearing for the State, through video conferencing. The petitioners seek regular bail in connection with Case No. C2/126/20, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioners as per the prosecution report of SSB is that petitioners were sitting on the motorcycle which was intercepted by SSB personnel who recovered a total quantity of 61.200 litres of Nepal Saufi wine. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner

Patna High Court CR. MISC. No.18817 of 2020(2) dt.14-05-2020 2/2 alleged and they are not the owner of the motorcycle. Learned counsel further submits that the petitioners have got no criminal antecedent and they are in custody since 15.02.2020. Having heard learned counsel for the parties and taking into consideration the fact that the petitioners are not the owner of the seized motorcycle and they have got no criminal antecedent and they are in custody since 15.02.2020, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-IInd-cum-Spl. Judge, Excise Act, Sitamarhi, in connection with Case No. C2/126/20. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T