Saukat Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58861 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Saukat Mian Son of Hakim Miya @ Hakim Rai Resident of Village - Shankar Pur, P.S.- Baikunthpur, Distt.- 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. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and Shri Jai Narain Thakur, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Baikunthpur P.S. Case No. 163 of 2021 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of 5800 litres of liquor from a truck as detailed in the F.I.R., further it is alleged that 15-20 persons had assembled surrounding the truck and after seeing the police they

Patna High Court CR. MISC. No.58861 of 2021(2) dt.07-01-2022 2/2 fled away and the name of this petitioner was disclosed by the villagers.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot rather his name was disclosed by the villagers with whom he was not on good terms and thus came to be falsely implicated in the present case. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.07.2021 and 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 and Sessions Judge-IIcum-Special Judge (Excise Act), Gopalganj in connection with Baikunthpur P.S. Case No. 163 of 2021.

(Satyavrat Verma, J) Rishi/- U T