Bhola Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36450 of 2021 Arising Out of PS. Case No.-606 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== BHOLA SAW Son of Shivajee Saw Resident of Tari Godown, P.S.- Danapur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Sharan- Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Special Case No.6537 of 2020 arising out of Phulwari Sharif P. S. Case No.606 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 09.11.2020, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 300 litres of liquor from a tempo and the petitioner was apprehended as he was fleeing. The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and he is not

Patna High Court CR. MISC. No.36450 of 2021(2) dt.03-12-2021 2/2 the owner of the said tempo. On seeing the police, petitioner started fleeing and was apprehended as it was guesswork that the tempo belongs to him and when liquor was found, the petitioner was roped in this case.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 09.11.2020, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No.6537 of 2020 arising out of Phulwari Sharif P. S. Case No.606 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T