Sant Sharan Satsangi @ Shanti Sharan Satsangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40068 of 2023 Arising Out of PS. Case No.-206 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== Sant Sharan Satsangi @ Shanti Sharan Satsangi Son Of Shivdhar Chaudhary Resident of Village- Babanagar, Ps- Chas, Distt- Bokaro ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Bilochan, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barahiya P.S. Case No. 206 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 11.01.2023.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 657 litres of foreign liquor from the alleged Bolero Pick Up Van bearing registration no. JH 10AU 0624.

Patna High Court CR. MISC. No.40068 of 2023(2) dt.07-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the implication of this petitioner is only for the reason that he is the owner of Bolero Pick Up van, from where alleged illicit liquor was recovered. It is submitted that no recovery was made from physical possession of this petitioner and nothing surfaced during the course of investigation which may suggest that petitioner was aware that his vehicle was being used for carrying illicit liquor. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as illicit liquor not appears to be recovered from the physical possession of this petitioner, where implication appears only for reason being owner of the alleged vehicle carrying illicit liquor, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 11.01.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Barahiya P.S. Case No. 206 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.40068 of 2023(2) dt.07-07-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-IV-Cum Special Excise Court-1st, Lakhisarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T