Ganesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37679 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== GANESH SAH S/O SRI BECHAN SAH RESIDENT OF VILLAGE SANGRAMPUR, BANDE, WARD NO. 6, POLICE STATIONSAMASTIPUR MUFFASIL, DISTRICT SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection Samastipur (M) P.S. Case no. 130 of 2021 registered for the offence punishable under sections 30(a), 32(ii) and 41 of Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 17.03.2021, is person with clean antecedent and charge sheet has been submitted. Learned counsel submits that allegation is of recovery of 4697.52 liter of Indian made foreign liquor from a truck as detailed in the FIR. Further petitioner is alleged to have apprehended at the spot. Learned counsel further submits that petitioner was standing
Patna High Court CR. MISC. No.37679 of 2021(2) dt.08-12-2021 2/2 where truck was parked and police falsely implicated him in the present case when he is neither owner nor driver of the truck. Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody since 17.03.2021, is person with clean antecedent and charge sheet has been submitted, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ II-cum- Special Judge, Excise Act, Samastipur in Samastipur (M) P.S. Case no. 130 of 2021.
(Satyavrat Verma, J) s.hassan/- U T