Balendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27322 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MITHANPURA District- Muzaffarpur ====================================================== Balendra Sah, aged about 38 years, Son Of Ram Sakal Rai Resident Of Village- Mura Bakhari, Police Station- Sakra, District- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ===================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Nandan, Advocate For the Opposite Party/s :
Mr. Shantnu Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 As prayed, learned counsel for the petitioner is permitted to correct the name of the police station as 'Mithanpura' in place of 'Sakra', wrongly been mentioned in the bail petition.
Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code and sections 30, 32 and 41 of the Bihar Prohibition and Excise Act.
Police recovered 192 liters of foreign liquor from a pick up van and arrested one Monu Kumar who disclosed the name of the petitioner as his accomplice who managed to flee away at the time of making raid.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is neither the
Patna High Court CR. MISC. No.27322 of 2020(2) dt.06-11-2020 2/2 owner of the vehicle nor the driver of the same. Save and except the confession of said co-accused, there is nothing against the petitioner. In para 3, it is stated that the petitioner has got no criminal antecedent.
Considering the facts of the case, in the event of arrest/surrender, let the petitioner, above named, 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 Special Judge, Excise Act, Muzaffarpur in Mithanpura Police Station Case No. 9 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T