Patna High CourtCR. MISC./37940/2020bail granted

Arman Ali v. The State Of Bihar

2021-02-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37940 of 2020 Arising Out of PS. Case No.-230 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Arman Ali S/o Md. Munna, Resident of Village-Hospital Road Ward no.19, P.S-Siwan Town, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Excise Case No. 230 of 2020 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 336 liters of illicit liquor from the Scorpio vehicle and the petitioner is stated to be the driver of the said vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 02.09.2020.

Patna High Court CR. MISC. No.37940 of 2020(2) dt.05-02-2021 2/2 Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and considering the materials available on record as also considering the period of incarceration of the petitioner herein and the fact that he is not the owner of the said vehicle, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge2nd -cum- Special Judge, Excise, Gopalganj in connection with Excise Case No. 230 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T