Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37677 of 2020 Arising Out of PS. Case No.-564 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Lal Babu Sah (male), aged about 38 years, Son of Rajendra Sah, Resident of village- Sanha Bindiya, P.S.- Shrinagar Pujh, District- East Champaran. 2.

Shashi Bhusan Thakur (male), aged about 27 years, Son of Ramashish Thakur, Resident of village - Kirtipur, P.S.- Harshi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2021 Heard Mr. Ansul, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned counsel appearing for the State.

Petitioners seek regular bail in connection with Gopalganj (Town) P.S. Case No. 564 of 2020 registered for the offence under Section 414, 273, 120 (b) / 34 of the I.P.C. and Section 30 (a) / 41 (i) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that 142.950 liters of illicit liquor was recovered from a Wagon-R Car bearing Registration No. WB02W1754 and the petitioners were found standing near the vehicle. It has further

Patna High Court CR. MISC. No.37677 of 2020(3) dt.22-01-2021 2/3 been alleged that upon enquiry, the petitioners disclosed that the vehicle in question was a stolen one.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case with oblique motive and they have no concern with the vehicle in question. Learned counsel further submits that the illicit liquor has not been recovered from the possession of the petitioners or from the possession of the vehicle belonging to them. On the other hand, learned counsel for the State referring to the case diary submits that investigation regarding the owner of the vehicle is still pending.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, the fact that the petitioners are in custody since 01.10. 2020 and charge sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge- II, Gopalganj / court concerned in connection with Gopalganj (Town) P.S. Case No. 564 of 2020.

Patna High Court CR. MISC. No.37677 of 2020(3) dt.22-01-2021 3/3 It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

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