Indal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42271 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- ROSERA District- Samastipur ====================================================== INDAL SAW SON OF MR.SURESH SAH Resident of Village - Hiramiya Ward no.1, P.S.- Rosera, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Rosera P.S. Case No. 33/2021, registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 36.750 liters of illicit liquor from an E-rickshaw and two persons including the petitioner herein were apprehended from the spot. The petitioner is stated to be the driver of the E-rickshaw in

Patna High Court CR. MISC. No.42271 of 2021(3) dt.15-12-2021 2/3 question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 31.1.2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering 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 above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II cum Special Judge Excise Act,

Patna High Court CR. MISC. No.42271 of 2021(3) dt.15-12-2021 3/3 Samastipur in connection with Rosera P.S.Case No. 33 of 2021.

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