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Patna High CourtCR. MISC./28078/2018bail granted

Satyam Shivam Sundaram v. The State Of Bihar

2018-05-11Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28078 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Satyam Shivam Sundaram S/o Sadanand Jha, R/o Vill.- Jyoti Bihar Colony, P.S.- Industrial Area, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Industrial Area P.S. Case No. 32 of 2018 for offences punishable under Sections 30/30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the informant police personnel, is that on information that huge consignment of illicit liquor is being transported in a truck, the police conducted a raid and intercepted the truck, which was being unloaded in five vehicles. From the vehicle of the petitioner, 135 litres of foreign liquor was recovered. Petitioner was the driver of the said vehicle. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.28078 of 2018(2) dt.11-05-2018 2/2 petitioner that he is innocent, bears no criminal history and was only the driver of the said vehicle. He submits that nothing has been recovered from his conscious possession and one of the coaccused has already been granted privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 25528 of 2018 vide order dated 02.05.2018 and petitioner is languishing in judicial custody since 13.03.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhagalpur, in connection with Industrial Area P.S. Case No. 32 of 2018.

Rajesh/- (Nilu Agrawal, J) U T