Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38511 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== Deepak Sah Son of Pawan Sah Resident of Village - Kharuwa, Ward No.- 6, P.S.- Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jhanjharpur Excise P.S. Case No. 57/2024 (G.O. No. 370 of 2024) lodged on 22.03.2024 under Sections 30(a), 32(1), 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the present petitioner. The total recovery of 89.640 liters of Indian Made Foreign Liquor from a Bolero vehicle is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner in no way connected with the said vehicle from which

Patna High Court CR. MISC. No.38511 of 2024(2) dt.27-05-2024 2/2 the alleged recovery has been made. In fact, the petitioner had taken lift in the said Bolero vehicle and when police surrounded the vehicle, the driver fled away but the innocent petitioner has been caught by the police along with one accused person. The petitioner is in custody since 22.03.2024 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner has been apprehended from the vehicle on which the recovered liquor was loaded.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J.) Ashwini/- U T