Saroj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55559 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== Saroj Kumar Sah Son of Bimal Kumar @ Bimal Sah Resident of Village - Yogiya, P.S.- Ladaniya, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), 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 Khajauli P.S. Case No. 151 of 2021, lodged under Sections 272 and 273 of Indian Penal Code read with Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, the total recovery of 90 liter of Nepali liquor has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner has been apprehended on the spot and recovery was made from the motorcycle but the said motorcycle is not belong

Patna High Court CR. MISC. No.55559 of 2022(2) dt.02-12-2022 2/2 to the petitioner. Learned counsel further submits that petitioner has taken lift on the motorcycle and completely unaware about the said liquor. Learned counsel also submits that antecedent of the petitioner is clean and he is in custody since 22.08.2022 and charge-sheet has already been filed in this case. 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 Additional and Sessions Judge 2nd -cum-Special Judge, Excise Act, Madhubani in connection with Khajauli P.S. Case No. 151 of 2021, 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) ritik/- U T