Shyam Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59586 of 2021 Arising Out of PS. Case No.-226 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== SHYAM KUMAR SAH Son of Late Ram Dyal Sah Resident of Village - Patnuka, P.S.- Nanpur, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and Mr. Md. Iftekhar Mahmood, learned A.P.P. for the State through virtual court proceedings.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Nanpur P.S. Case No. 226 of 2021 instituted for the offences under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that the petitioner is in custody since 15.07.2021 and charge-sheet has been submitted in this case.
Allegation is of recovery of 1023.810 litre of liquor from a pickup van.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.59586 of 2021(2) dt.13-01-2022 2/2 petitioner is neither the Driver nor Khalasi but was merely a passenger on the pick-up van who had taken lift and thus came to be falsely implicated when search was made. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 15.07.2021 and charge-sheet has been submitted in this case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Nanpur P.S. Case No. 226 of 2021.
(Satyavrat Verma, J) Kundan/- U T