Patna High CourtCR. MISC./32397/2021bail granted

Bhola Singh @ Bhola v. The State Of Bihar

2021-11-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32397 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Bhola Singh @ Bhola Son of Bhuri Singh Resident of Village - Yelapatti, P.S. - Akrabad, District - Aligarh, State- U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 70 of 2021 dated 09.02.2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.02.2021, charge-sheet has been submitted in the case and is a person with clean antecedent Learned counsel for the petitioner submits that allegation is of total recovery of 4635.360 litres of liquor from two trucks and it is alleged that out of total 4635.360 litres liquor, 1893.600 litres of liquor was recovered from the truck bearing Registration No. UP81CT -1684 of which the petitioner

Patna High Court CR. MISC. No.32397 of 2021(2) dt.29-11-2021 2/2 was the driver.

Learned counsel for the petitioner submits that the petitioner was not aware what was being carried in the truck and has no concern with recovered liquor.

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 10.02.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Phulparas P.S. Case No. 70 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T