Sanjeev Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34923 of 2020 Arising Out of PS. Case No.-429 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Sanjeev Sao Son of Sri Subhash Sao Resident of Village- Chaili Tar, near Kamla School, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr. Uma Nath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 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 the learned counsel appearing for the petitioner and Shri Uma Nath Mishra, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special Case No. 4621 of 2020 arising out of Alamganj P.S. Case No. 429 of 2020 for the offence punishable under Sections 30(a) and 41(2) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 170.82 litres of illicit liquor from a Tata Safari vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in

Patna High Court CR. MISC. No.34923 of 2020(2) dt.21-12-2020 2/2 the present case. The learned counsel for the petitioner has further submitted that the petitioner is not the owner of the vehicle and he has been remanded in the present case on 03.08.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is not the owner of the vehicle in question from which illicit liquor has been recovered, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Special Case No. 4621 of 2020 arising out of Alamganj P.S. Case No. 429 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T