Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40215 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- THAWE District- Gopalganj ====================================================== ANIL SAH Son Of LATE VIDHATMA SAH Resident of village - GajadharTola ,Thawe , P.S. - Thawe , District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2021 Heard Mr. Pritish Ranjan, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Thawe P.S. Case No. 173 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 total quantity of 298.080 litres of illicit liquor has been recovered from the hut of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner has

Patna High Court CR. MISC. No.40215 of 2020(2) dt.22-02-2021 2/2 got no criminal antecedent and hut from where the illicit liquor has been recovered, does not belong to the petitioner and the same is situated in open space in the village which is accessible to all and sundry. Learned counsel also submits that the petitioner is in custody since 22.09.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 22.09.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge cum Special Judge, Gopalganj, in connection with Thawe P.S. Case No. 173 of 2020 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T