Shambhu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31597 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- PHENHARA District- East Champaran ====================================================== 1.Shambhu Sah son of Late Rameshwar Sah
2. Sunil Sah son of Pukar Sah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mitali For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 07.08.2020 in connection with Phenhara P.S.Case No. 60 of 2020 registered for the offences punishable under Sections 188 and 290 of the Indian Penal Code. And section 30 (a) of Bihar Prohibition and Excise Amendment Act 2018.
In huge quantity Indian made foreign liquor was recovered from a pickup -van which was being driven by the petitioner at the time of alleged occurrence. Learned counsel of the petitioner submits that in course of investigation, it has come that petitioner was not regular driver of the aforesaid pickup-van and as a matter of
Patna High Court CR. MISC. No.31597 of 2020(3) dt.29-01-2021 2/2 fact, on the alleged date of occurrence, petitioner was requested by the regular driver to drive the said pickup-up van and the petitioner was not aware about the articles loaded on the pickupvan. He further submits that petitioner does not have any criminal antecedent.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, 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 learned Special Judge, Excise Act, East Champaran in connection with Phenhara P.S. Case No. 60 of 2020.
N.K/- (Hemant Kumar Srivastava, J) U T