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Patna High CourtCR. MISC./59403/2021bail granted

Santlal Das v. The State Of Bihar

2022-03-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59403 of 2021 Arising Out of PS. Case No.-227 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SANTLAL DAS S/o- Late Sri Dhaneshwar Das Resident of Village - Harpur Narayanpur, Ward No. -12, P.S. - Pusa, District - samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nihar Nandan Ambasta, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 At the outset, the learned counsel for the petitioner seeks to make certain correction in paragraph no. 12 of the present petition. He may do so during the course of the day.

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Samastipur Town arising out of Excise Case No. 227/2020, registered for the offence punishable under Section 30(a) of the Bihar Liquor and Excise Act, 2016.

The allegation is regarding recovery of 31.215 liters of illicit liquor from the house of the

Patna High Court CR. MISC. No.59403 of 2021(2) dt.29-03-2022 2/3 petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 19.7.2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge-II-cum-Special Judge (Excise), Samastipur in

Patna High Court CR. MISC. No.59403 of 2021(2) dt.29-03-2022 3/3 connection with Excise Case No. 227/2020.

(Mohit Kumar Shah, J) Ajay/- U T