Sunil Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23103 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

SUNIL GIRI Son of Nand Giri R/o Village- Jadopur, Ward No. -12, P.S.- Jadopur, District- Gopalganj.

2.

Rahul Sah Son of Lagandeo Sah R/o Village- Jadopur, Ward No. -11, P.S.- Jadopur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2020 Heard Mr. Vyas Kumar Mishra, learned counsel for the petitioners and Mr. Sakir Ahmad, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners seek regular bail in connection with Excise Case No. 116 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation against the petitioners is that the Excise Officials intercepted the Motorcycle of the petitioners and recovered a total quantity of 69.45 litres of illicit liquor from the same.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.23103 of 2020(2) dt.09-09-2020 2/2 petitioners have falsely been implicated in this case and they have got no criminal antecedent. Learned counsel further submits that at the time of seizure, the procedure prescribed under Section 100 Cr. P.C. was not followed by the Excise Officials. The petitioners are in custody since 14.6.2020. Having regard to the submissions made by the parties and taking into consideration the facts and circumstances of the case and also the fact that the petitioners have got no criminal antecedent, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Excise Case No. 116 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T