Moti Lal Sah @ Moti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22816 of 2022 Arising Out of PS. Case No.-336 Year-2021 Thana- LADANIA District- Madhubani ====================================================== MOTI LAL SAH @ MOTI SAH S/O RAMCHANDRA SAH R/o villageYogiya, Uttarwari Tola, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, 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 offences punishable under Sections 272, 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.03.2022, charge-sheet has been submitted and has antecedent of three cases.

Allegation is of recovery of 144 litres of liquor from a carton kept behind the house (Basbari) of the petitioner. Learned counsel for the petitioner submits that petitioner was not arrested from the spot and was completely

Patna High Court CR. MISC. No.22816 of 2022(2) dt.06-05-2022 2/2 unaware that who had kept the liquor in his Basbari which is an open place. Learned counsel further submits that name of the petitioner transpired based on the secret information received by the police. Learned counsel, thus, submits that the police because of antecedent of the petitioner got him implicated based on secret information.

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 11.03.2022, charge-sheet has been submitted and was not arrested from the spot, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ladaniya P.S. Case No. 336 of 2021, G.R. No. 2220 of 2021.

(Satyavrat Verma, J) Kundan/- U T