Shatrudhan Sah @ Satrudhan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49968 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Shatrudhan Sah @ SATRUDHAN SAH S/O MADAI SAH R/o villageKatalpur, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta ====================================================== 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 Baikunthpur P.S. Case No. 163 of 2021 instituted for the offence under Sections 30 (a) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 12.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is recovery of 5800 liters of liquor from a truck and

Patna High Court CR. MISC. No.49968 of 2021(2) dt.17-12-2021 2/2 the name of the petitioner transpired during the course of investigation as the villagers disclosed that the person who fled after seeing the police included the petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot and he has been falsely implicated at the behest of his enemies when he was not present at the place of occurrence.

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 12.07.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge (Excise Act), Gopalganj in connection with Baikunthpur P.S. Case No. 163 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

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