Hakim Sah @ Hakim Sah Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33641 of 2020 Arising Out of PS. Case No.-234 Year-2020 Thana- MANJHI District- Saran ====================================================== HAKIM SAH @ HAKIM SAH GOND, aged about 51 years, Male, S/o Sri Yogendra Sah Resident of Matiar @ Matiyar, P.S.- Manjhi, District- Saran ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kr Singh No.1, Advocate.

For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30 and 30(a) of the Bihar Prohibition

Patna High Court CR. MISC. No.33641 of 2020(2) dt.16-12-2020 2/3 and Excise Act, 2016.

The prosecution story, in brief, is that total 410 liters wine is recovered from the houses of eight persons including the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 26.08.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Total 410 liters wine is said to have been recovered from the eight persons. Out of which, total 60 liters wine is said to have been recovered from joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-

Patna High Court CR. MISC. No.33641 of 2020(2) dt.16-12-2020 3/3 Special Judge, Excise, Saran, in connection with Manjhi P.S. Case No. 234/2020.

(Sudhir Singh, J) U.K./- U T