Patna High CourtCR. MISC./49481/2021bail granted

Manoj Sah v. The State Of Bihar

2021-12-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49481 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- SIMRI District- Buxar ====================================================== Manoj Sah Son of Late Bhikhari Sah Resident of Village- Simari Budhipatti, Police Station- Simari, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2021 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 petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Simri P.S. Case No. 32 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 23.02.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 326 liters of liquor from a tomato

Patna High Court CR. MISC. No.49481 of 2021(2) dt.17-12-2021 2/2 field.

Learned counsel for the petitioner submits that the said tomato field does not belong to the petitioner and he has been implicated in the present case merely based on suspicion. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.02.2021 and charge-sheet has been submitted in the case, let the petitioner 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 A.D.J.-II-cum-Special Judge, Excise, Buxar in connection with Simri P.S. Case No. 32 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T