Patna High CourtCR. MISC./45352/2021bail granted

Dharmdeo Sah v. The State Of Bihar

2021-12-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45352 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

DHARMDEO SAH S/o RAMASHISH SAH R/o VILLAGE/MOHALLADUMRI BUJURG, P.S-NAYAGAON, DISTRICT-SARAN. 2.

BHARAT RAI @ BHARAT RAJ S/o LATE NAWAB RAI R/o VILLAGENIJAMCHAK, P.S-DIGHBARA, DISTRICT-SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr.Mrityunjay Kumar Singh(App. 209) ====================================================== 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 petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with CIS No. 106/2021, arising out of Excise P.S. Case No. 106 of 2021, registered under Sections 30 (a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 18.03.2021, and are persons of clean antecedent and Prosecution Report has been submitted.

Patna High Court CR. MISC. No.45352 of 2021(2) dt.10-12-2021 2/2 Learned counsel for the petitioner submits that allegation is of recovery of 645 litres of liquor from a Pick Up Van. Learned counsel submits that the petitioners are neither the owner nor the driver nor the cleaner of the vehicle and they came to be implicated on mere suspicion. Original accused fled away which the police had not recorded in the F.I.R.

Learned APP for the State opposes the prayer of regular bail application of the petitioners.

Considering the fact that the petitioners are in custody since 18.03.2021, Prosecution Report has been submitted in this case, learned counsel submits that the petitioners, are person with clean antecedent and no concern with that, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II cum Special Judge, Excise, Gaya in connection with CIS No. 106/2021, arising out of Excise P.S. Case No. 106 of 2021.

(Satyavrat Verma, J) Ranjeet/- U T