Satrughan Kumar @ Satrughan Prashad @ Satrughan Prasad @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46771 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== SATRUGHAN KUMAR @ SATRUGHAN PRASHAD @ SATRUGHAN PRASAD @ RAHUL KUMAR Son of Rajendra Prasad @ Rajendra Prasad Resident of Village- Karariya, P.S.- Gopalganj Town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Setu Prateek, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 64 of 2021 registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The Police intercepted one Bolero vehicle and recovered a total quantity of 356 litres of illicit country made liquor from the same and the accused persons sitting in the vehicle succeeded in fleeing away. It has further been alleged that the local chowkidar has disclosed the name of petitioner

Patna High Court CR. MISC. No.46771 of 2021(2) dt.07-02-2022 2/3 and others who succeeded in fleeing away.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by the local Chowkidar. He further submits that the petitioner is neither the owner of the Bolero vehicle from where the illicit liquor has been recovered nor he has got any concern with the illicit liquor seized by the Police. He further submits that the petitioner has got no criminal antecedent of similar nature of offence under the Excise Act, he is in custody since 22.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner is not the owner of the Bolero vehicle and his name has been disclosed by the local Chowkidar, the petitioner is in custody since 22.6.2021 having no criminal antecedent of similar nature of offence under the Excise Act, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/-

Patna High Court CR. MISC. No.46771 of 2021(2) dt.07-02-2022 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge, Excise Act, Gopalganj, in connection with Gopalganj Town P.S. Case No. 64 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T