Patna High CourtCR. MISC./49421/2021bail granted

Lalan Sah v. The State Of Bihar

2021-12-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49421 of 2021 Arising Out of PS. Case No.-447 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Lalan Sah S/o Prasad Sah R/o village- Lala Tola, Garabhua, P.S.- Chanpatiya (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, 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 Chanpatiya (Sirsiya O.P.) P.S. Case No. 447 of 2020 instituted for the offences under Section 414 of the Indian Penal Code read with Sections 30(a) and 30(b) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.04.2021 and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.49421 of 2021(2) dt.17-12-2021 2/2 Learned counsel for the petitioner submits that allegation is of recovery of 50 liters of liquor from a gallon and plastic bag being carried by the petitioner. It is further alleged that the petitioner on seeing the police fled away as such it is submitted that nothing was recovered from his possession and the petitioner has been falsely implicated 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 03.04.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Chanpatiya Sirsiya P.S. Case No. 447 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T