Naga Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35467 of 2020 Arising Out of PS. Case No.-187 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== NAGA SAH Son of Late Dashrath Sah Resident of Village - Punaura, P.S.- Punaura, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Ramchandra Singh, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Riga PS Case No. 187/2020 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation, as per First Information Report, is that the police after having confidential information that nine persons including petitioner procured the consignment of illegal liquor which would be unloaded near Marar Math, proceeded towards the place of occurrence and intercepted a truck. Upon seeing the police personnel, the petitioner along with other coaccused persons started fleeing away, however, the police arrested the petitioner and other co-accused persons, but some other co-accused persons succeeded in fleeing away. On search, the police recovered a total quantity of 3395.52 litres of illicit liquor from the said truck.

Patna High Court CR. MISC. No.35467 of 2020(2) dt.05-01-2021 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner is neither the owner of the said truck nor the scooty in question belongs to him and no illicit liquor has been recovered from his conscious possession. Learned counsel also submits that petitioner is in custody since 04.07.2020 and the charge-sheet has already been submitted in this case.

5. Learned counsel next submits that similarly situated accused persons have been granted bail by this Court in Cr. Misc. No. 35323/2020 and Cr. Misc. No. 33843/2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the similarly situated accused persons have been granted bail by this Court and charge-sheet has already been submitted in the case, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, NAGA SAH 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 2nd Additional Sessions Judge-cumSpecial Judge, Excise Act, Sitamarhi in connection with Riga

Patna High Court CR. MISC. No.35467 of 2020(2) dt.05-01-2021 3/3 PS Case No. 187/2020.

7. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T