Patna High CourtCR. MISC./54841/2022bail granted

Nand Kishore Sah v. The State Of Bihar

2022-11-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54841 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Nand Kishore Sah S/o Ashok Sah R/o Village- Sisahani, P.S.- Pakaridayal, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode. The petitioner seeks regular bail in connection with Mohammadpur P.S. Case No. 167 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per the prosecution case, total recovery of 266.94 litre wine is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean. Counsel submits that there is gross violation of Section 100 of Cr.P.C. Counsel submits that petitioner is in custody since 20.07.2022,

Patna High Court CR. MISC. No. 54841 of 2022(2) dt.25-11-2022 2/2 charge sheet has already been filed in this case. Counsel further submits that petitioner was apprehended from the place of occurrence.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I-cumSpecial Judge Excise-I, Gopalganj in connection with Mohammadpur P.S. Case No. 167 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T