Bharat Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36870 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- KHIRHAR District- Madhubani ====================================================== BHARAT SAFI S/O PURAN SAFI RESIDENT OF VILLAGE GOPALPUR P.S HARLAKHI, DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, while the petitioner and one another accused managed to escape a total of 504 litres of liquor was recovered from the vehicle being driven by this petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The petitioner has nothing to do with the alleged vehicle nor with the liquor seized from the said vehicle. He is in custody

Patna High Court CR. MISC. No.36870 of 2021(2) dt.06-01-2022 2/2 since 6.4.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Khirhar P.S. Case no. 31 of 2020 corresponding to GR no. 502 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Prakash/- U