Patna High CourtCR. MISC./45741/2023bail granted

Sombir v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45741 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- NADI NAINAHA District- West Champaran ====================================================== SOMBIR Son of Rajbir @ Rajbir Singh Resident of village - Bhiwani, Vinod Road, Balaji Colony, P.S. - Sadar, Distt. - Bhiwani, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Prakash, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nadi P.S. Case no.30 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on search being conducted, 3052 litres of IMFL was recovered from the truck of which the petitioner is said to be the driver.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner and he has been falsely implicated in the case. He has no criminal antecedent and is in custody since 11.9.2021.

5. Heard learned A.P.P. for the State.

Patna High Court CR. MISC. No.45741 of 2023(3) dt.11-10-2023 2/2

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner being in custody for more than 2 years since 11.9.2021 and not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Nadi P.S. Case no.30 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bagaha, West Champaran.

(Partha Sarthy, J) Saurabh/- U T