Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57621 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Sanjay Sah Son Of Bharat Sah, Resident of Mohalla- Dilabarpur, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Keoti P.S. Case No. 175 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, the police received secret information about a Tata Safari carrying illicit liquor. The said vehicle was intercepted by the police and recovery of 490.200 liters of Nepali country-made liquor was made. The co-accused driver of the vehicle fled away and the petitioner was apprehended from the spot.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.57621 of 2022(2) dt.19-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner has no concern with the seized liquor as well as the vehicle from which the recovery of liquor was made. The petitioner is in custody since 22.06.2022 and charge-sheet has been submitted in this case. The petitioner is having one criminal antecedent in which he is on bail.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the charge-sheet has been submitted in this case and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Darbhanga in connection with Keoti P.S. Case No. 175 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.57621 of 2022(2) dt.19-11-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T