Shahabuddin @ Sabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65613 of 2021 Arising Out of PS. Case No.-204 Year-2021 Thana- RASULPUR District- Saran ====================================================== Shahabuddin @ Sabuddin Son of Ebrahim Mian R/o village - Nawada, P.S.- Rasulpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2022 Heard learned counsel for the petitioner and Ms. Sucheta Yadav, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Rasulpur P.S. Case No. 204 of 2021 instituted for the offences under Section 30(a) of the Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 29.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of total recovery of 1359.09 litres of liquor out of which 110.160 litres of liquor was recovered from an Alto car and rest from a Bolero maxi. Further, seven accused persons tried to flee but two of them were apprehended including the

Patna High Court CR. MISC. No.65613 of 2021(2) dt.11-02-2022 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner is not the owner of the Bolero or the Alto car and he was implicated in the present case merely because he was roaming with Apul Kumar.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 29.09.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran in connection with Rasulpur P.S. Case No. 204 of 2021. (Satyavrat Verma, J) Rishi/- U T