Satyendra Mahto @ Satyendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49971 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- PARSA District- Saran ====================================================== Satyendra Mahto @ Satyendra Ram son of Dukhan Mahto Resident of Village - Rampur Pirari, P.S. - Derni, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, Advocate ====================================================== 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 Parsa P.S. Case No. 112 of 2021 instituted for the offences under Sections 420, 467, 468, 471 and 120 (B) of the Indian Penal Code read with Sections 30, 30(a), 33, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.49971 of 2021(2) dt.17-12-2021 2/2 Learned counsel for the petitioner submits that allegation is recovery of 4515 liters liquor from a truck. Further, the apprehended accused disclosed the name of the petitioner alleging that he was the driver of the truck. Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot and his name has come on the confessional statement of the co-accused and he was not even present when the alleged search took place or else it is difficult to see when police is around.

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 05.07.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Sara at Chapra in connection with Parsa P.S. Case No. 112 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Gaurav Kumar/- U T