Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40141 of 2020 Arising Out of PS. Case No.-266 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Imran Ansari, Male, aged about 22 years son of Amin Ansari @ Amin Miya, resident of village- Balahata, Police Station- Uchkagawn, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Raghav Prasad, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Kateya P.S. Case No. 266 of 2020 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that a Wagon- R Maruti car was intercepted by the Police, which was being driven by the petitioner and a total quantity of 180 liters of illicit liquor was recovered from the same. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.40141 of 2020(2) dt.20-02-2021 2/3 petitioner has falsely been implicated in this case merely on the basis of the fact that the vehicle in question was being driven by him. Learned counsel next submits that petitioner has got no criminal antecedent and the owner of the vehicle is one Sanjeev Kumar Yadav and the petitioner being the driver was not aware about the illicit liquor kept in the dickey of the said car. Learned counsel next submits that petitioner is in custody since 20.08.2020.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 20.08.2020, charge sheet has already been submitted in the case and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Excise, Gopalganj / court concerned in connection with Kateya P.S. Case No. 266 of 2020.

It is made clear that at the time of furnishing bail bond

Patna High Court CR. MISC. No.40141 of 2020(2) dt.20-02-2021 3/3 all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T