Bipin Khatik @ Bipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50013 of 2021 Arising Out of PS. Case No.-187 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== Bipin Khatik @ Bipin Sah Son of Sri Anirudh Khatik @ Anirudh Sah Resident of village - Madhubani, P.S.- Dhanaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd.(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 Dhanaha P.S. Case No. 187 of 2020 instituted for the offence under Section 30 (a) Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 17.02.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is recovery of 148.680 Liters of liquor from a car and

Patna High Court CR. MISC. No.50013 of 2021(2) dt.17-12-2021 2/2 the driver was apprehended, disclosed the name of this petitioner as owner of the car.

Learned counsel for the petitioner submits that petitioner was not present at the place of occurrence nor he was apprehended at the spot and his name transpired in the confessional statement of co-accused further that the petitioner was not aware what was being carried by the driver of the car. 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 17.02.2020, charge-sheet has been submitted in the case, 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 Special Judge, Excise, West Champaran at Bettiah in connection with Dhanaha P.S. Case no. 187 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Gaurav Kumar/- U T