Sanjay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22149 of 2020 Arising Out of PS. Case No.-139 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== Sanjay Kumar Sah Son of Shobha Lal Sah Resident of Village - Loknath Para, Ward No. 9, P.S.- Dalkhola, Dist.- North Dinajpur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sah For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard Sri Sanjay Kr. Sah, the learned counsel for the petitioner and Sri Gauri Shankar Gupta, the learned APP for the State.

The petitioner seeks regular bail in connection with C1 Excise case no. 139 of 2020 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the police having apprehended the petitioner and it has transpired that he is the owner of the pick-up van in question, from which 504 liters of illicit

Patna High Court CR. MISC. No.22149 of 2020(2) dt.04-09-2020 2/2 liquor has been recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 11.06.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnia in connection with C1 Excise case no. 139 of 2020. (Mohit Kumar Shah, J) rinkee/- U T