Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22476 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== NARAYAN SAH son of Chokat Sah Resident of Village Laukariya, P.S. Bairiya, District - West Champaran, Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.02.2022, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of recovery of 61.965 litres of liquor from a Scorpio vehicle and the petitioner is alleged to have been arrested on the spot along with co-accused and on disclosure of the petitioner and co-accused it is alleged that 102.6 litres of liquor was recovered from a bush kept in two bags.

Patna High Court CR. MISC. No.22476 of 2022(2) dt.06-05-2022 2/2 Learned counsel for the petitioner submits that petitioner is not the owner of the vehicle nor he is the driver. Petitioner had mere taken lift and came to be implicated when the search was made.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.02.2022, is a person with clean antecedent and chargesheet has been submitted, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bairiya P.S. Case No. 30 of 2022.

(Satyavrat Verma, J) Kundan/- U T