Raj Mangal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49590 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== RAJ MANGAL SAH Son of Achche Lal Sah Resident of village Jivajore, P.S. Aurai, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2022 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioner and Ms. Renuka Ratnakar, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Aurai PS Case No. 204/2020 registered for the offence punishable under Sections 272/273/34 of the IPC and Section 30(a), 36, 41(i) of the Bihar Prohibition & Excise Act 2016. As per First Information Report, the police got secret information that one truck loaded with illicit liquor has arrived and the consignment is being unloaded in other five vehicles, proceeded towards the place of occurrence and recovered 4824 litres of illicit liquor and from the Bolero Vehicle owned by petitioner 270 litres of illicit liquor was recovered. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been

Patna High Court CR. MISC. No.49590 of 2021(2) dt.08-02-2022 2/2 implicated in this case on the basis of the fact that he happens to be the owner of the Bolero vehicle from where illicit liquor has been recovered. He next submits that the petitioner was not arrested on the spot and the vehicle was being plied on hire basis through driver and the petitioner was not aware about the illicit liquor being kept therein.

The petitioner is in custody since 02.07.2021, chargesheet has been submitted in the matter. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 02.07.2021 having no criminal antecedent, charge-sheet has been submitted in the matter and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, RAJ MANGAL SAH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Aurai PS Case No. 204/2020.

(Anil Kumar Sinha, J) perwez U T