Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49464 of 2021 Arising Out of PS. Case No.-281 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Naresh Sah Son of Late Gaya Sah Resident of Village - Khanpur , Ward No.4, P.S.- Khanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, 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 Samastipur Muffasil P.S. Case No. 281 of 2021 dated 22.06.2021 instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code read with Sections 30(a) 41(i) and 41(ii) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.49464 of 2021(2) dt.17-12-2021 2/2 petitioner is in custody since 24.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 2106 liters of liquor from a truck and the petitioner is alleged to have helped in unloading the liquor. Learned counsel for the petitioner submits that the petitioner was a labour and as such was not aware what was being unloaded from the truck.

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 24.06.2021, 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. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. Special Judge, Excise Act, Samastipur in connection with Samastipur Muffasil P.S. Case No. 281 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T