Patna High CourtCR. MISC./37333/2021bail granted

Gangandev Sah v. The State Of Bihar

2021-12-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37333 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Gagandev Sah S/O Lochi Sah R/O Village-Karanpur Dakshin Manbhitor, Ps. Bochha, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bochha P.S. Case No. 234 of 2020 instituted for the offences under Sections 272, 273 and 120(B) of the Indian Penal Code read with Sections 30(a) and 33 of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 4168 liters of liquor from the seized vehicle as detailed in the F.I.R.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37333 of 2021(2) dt.08-12-2021 2/2 petitioner is not named in the F.I.R. and it was during course of investigation that the name of the petitioner transpired on secret information. The learned counsel submits that neither the liquor nor the vehicle belong to the petitioner nor he was apprehended from the place of occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 19.03.2021, charge-sheet has been submitted in the case, he was not apprehended from the place of occurrence and the vehicle does not belong to him nor he was driver of the vehicle as such, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Bochha P.S. Case No. 234 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a condition that one of the bailors shall be the son of the petitioner.

(Satyavrat Verma, J) Rishi/- U T