Patna High CourtCR. MISC./35151/2021bail granted

Sanjay Prasad v. The State Of Bihar

2022-01-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35151 of 2021 Arising Out of PS. Case No.-254 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== SANJAY PRASAD S/O RAJENDRA PRASAD R/o Mohalla- Takia Ward No. 2, Sasaram, P.S.- Town Sasaram, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Usha Kumari 1, Adv For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Ms.Usha Kumari- 1, learned counsel for the petitioner and Mr. Mritunjay Kumar Nirala, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Excise Case No. 254/2021 arising out of Excise Department PR No. 33/20-21 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2016. The Excise Officials intercepted a car bearing Registration No.BR24H0721 from where 149.749 litres of illicit liquor was recovered.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the illicit liquor was recovered from the dickey of the car in

Patna High Court CR. MISC. No.35151 of 2021(2) dt.04-01-2022 2/2 which the petitioner was travelling as passenger. She further submits that petitioner is in custody since 10.03.2021 and the charge-sheet has already been submitted in the matter. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 10.03.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that petitioner will abscond or will tamper with the evidence, if he is released on bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SANJAY PRASAD be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, Excise, Kaimur at Bhabhua in connection with Excise Case No. 254/2021 arising out of Excise Department PR No. 33/20-21.

(Anil Kumar Sinha, J) perwez U T