Sahjanha Alam @ Gufran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31925 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

SAHJANHA ALAM @ GUFRAN Son of Md. Samshul Haq Resident of Village- Kahra, P.S.- Saharsa Sadar, District- Saharsa. 2.

PRAMOD TANTI Son of Late Gonar Tanti Resident of Village- Rajajan, P.S.- Manshi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha, Advocate Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners seek regular bail in connection with G.O. Case No. 55 of 2021 registered for the offence under Section 30 (a), 56 (b) of the Bihar Prohibition and Excise (Amendment) Act 2018.

The prosecution story is that Excise Official intercepted a Pick Up Van and recovered a total quantity of 190.800 liters of illicit foreign liquor from the secret chamber of the said vehicle.

Learned counsel for the petitioners submits that petitioner no. 1 is the driver and petitioner no. 2 is the Khalasi of the said vehicle and they were not knowing about the secret chamber been made in the vehicle by its owner. He further submits that from perusal of the prosecution report it would be

Patna High Court CR. MISC. No.31925 of 2021(2) dt.14-12-2021 2/2 evident that the owner is absconding and the petitioners in paragraph no. 8 of this bail application have stated the name of the owner as Kanhaiya Kumar @ Sunny and they were hired by him on monthly salary of Rs. 9,500/- and Rs. 7,500 respectively. Learned counsel next submits that petitioners have got no criminal antecedent, they are in custody since 08-022021 and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioners have got no criminal antecedent , charge sheet has already been submitted and they are in custody since 08/02/2021 as such, 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. 10000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cumSpecial Judge, Nawada in connection with G.O. Case No. 55 of 2021.

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