Sahmad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27497 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== SAHMAD ANSARI Son of Yasin Ansari Resident of Village - Murahadih, P.S.- Kanhauli, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Lakshmikant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 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, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Lakshmikant Sharma, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Kanhauli P.S. Case No. 36 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 72 litres of illicit Nepali saufi liquor from the petitioner herein, upon him being apprehended by the police.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.27497 of 2020(2) dt.02-11-2020 2/2 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 18.03.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 36 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T