Abdul Basir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44274 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- BALIYA District- Begusarai ====================================================== ABDUL BASIR S/o- Maimur Sultan Resident of At- Madargarchh, Pandhayat- Dumohana, P.S.- Karandighi, District- Uttar Dinajpur, State- West Begnal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

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

The petitioner seeks regular bail in connection with Balia P.S. Case No. 59 of 2021 dated 03.03.2021 registered under Sections 272, 273, 120(B), 34 of the Indian Penal Code read with section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.03.2021, is a person with clean

Patna High Court CR. MISC. No.44274 of 2021(2) dt.10-12-2021 2/2 antecedent and charge-sheet has been submitted in this case. It is further submitted that the allegation is of recovery of 2286 litre of foreign liquor from a container as detailed in the F.I.R. alongwith a mobile phone and the petitioner was apprehended from the spot. Learned counsel for the petitioner submits that the petitioner is the driver of the seized vehicle and as such was not knowing what was being carried in the aforesaid vehicle.

Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.03.2021, charge-sheet has been submitted in this case and the petitioner, is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Begusarai in connection with Balia P.S. Case No. 59 of 2021. (Satyavrat Verma, J) Ranjeet/- U T