Sudhir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6247 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== SUDHIR SAH Son of Shri Thakur Sah Resident of village - Chandaniya, P.S. Sangrampur, District - Munger.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hodda For the Opposite Party/s :

Mr. A.M.P. Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-04-2021 Heard Mr. Najmul Hodda, learned counsel for the petitioner and Mr. A.M.P. Mehta, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Comp. Case No. 78 of 2020 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that Police intercepted a Santro car, which was being driven by the petitioner and recovered 151 litres of illicit liquor from the same and arrested the petitioner and one another person namely, Pravin Kumar Singh.

Patna High Court CR. MISC. No.6247 of 2021(2) dt.13-04-2021 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only because the vehicle from which the illicit liquor in question was recovered was being driven by him. Learned counsel next submits that the owner of the car namely, Pravin Kumar Singh was also found sitting in that car and was arrested along with the petitioner and the petitioner was not aware about the illicit liquor kept by him in the dickey of the car. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 24.09.2020.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is the driver of the car and the owner was also found sitting in the same, petitioner has got no criminal antecedent, he is in custody since 24.09.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge II, Banka in connection with Excise Comp. Case No. 78 of 2020.

Patna High Court CR. MISC. No.6247 of 2021(2) dt.13-04-2021 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