Patna High CourtCR. MISC./5236/2021bail granted

Umesh Sah v. The State Of Bihar

2021-06-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5236 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== UMESH SAH SON OF SATYA NARAYAN SAH R/O VILLAGEMOHAMMADPUR TURHA TOLI, P.S.-MOHAMMADEPUR,DISTRICTGOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Chandra Sahani, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Mohammadpur P.S. Case No. 239 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., 80 liters of raw spirit was recovered, while the petitioner managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the person or possession of the petitioner who has been falsely implicated in the case. He is in custody since 5.11.2020. The application for bail is opposed by learned A.P.P.

Patna High Court CR. MISC. No.5236 of 2021(3) dt.22-06-2021 2/2 for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for 7 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mohammadpur P.S. Case No. 239 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj.

(Partha Sarthy, J) Prakash/- U T